Punjab and Haryana High Court Puts Regularisation of SSA Teachers on Hold
The Punjab and Haryana High Court has issued a stay on a previous order that aimed to regularise teachers appointed under the Sarva Shiksha Abhiyan (SSA) in Chandigarh. This decision comes after the Chandigarh Administration challenged the ruling.
Court Halts Implementation of Regularisation Directive
A division bench comprising Justice Ashwani Kumar Mishra and Justice Rohit Kapoor delivered the interim order on Thursday. They stayed the operation of a single judge judgment from November 14 last year. That judgment had ordered the regularisation of all Chandigarh teachers under SSA who completed more than ten years of service.
The bench ruled that the single judge's decision will remain stayed until the next hearing. The court has scheduled the next hearing for March 25. This action effectively puts all directions regarding regularisation on hold for now.
Background of the Case
On November 14, a single judge bench had directed the Chandigarh Administration and the Central Government to regularise eligible SSA teachers within six weeks. The judge stated that the administration could not misuse contractual labels to deny these teachers the rights of regular employees.
Chandigarh appointed over 1,300 teachers under the SSA between 2005 and 2014. The appointment process included public advertisements, written tests, and verification of qualifications. Despite following procedures similar to regular government teacher appointments, these educators remained on annual contracts. The administration cited a lack of sanctioned posts as the reason.
Arguments Presented in Court
Senior counsel Amit Jhanji, representing the Chandigarh Administration, argued that Sarva Shiksha Abhiyan is a centrally sponsored scheme. He contended that posts created under SSA were never merged with the regular teaching cadre of the Union Territory.
Jhanji, assisted by advocate Abhishek K Premi, further submitted that in the absence of any policy decision or sanctioned posts, the writ petitioners could not claim a legal right to regularisation. Senior panel counsel Himanshu Malik supported these submissions and sought a stay on the impugned judgment.
Malik highlighted that implementing the judgment would have far-reaching administrative and legal consequences. The division bench observed that the matter required detailed consideration and issued a notice of motion.
What Happens Next?
The stay order means that the regularisation process for SSA teachers in Chandigarh is currently suspended. All parties will await the next hearing on March 25, when the court will further deliberate on the issue.
This case highlights ongoing debates about the rights of contractual employees in government schemes. It also underscores the challenges in balancing administrative constraints with employee welfare.
