Punjab and Haryana High Court Stays Order to Regularise SSA Teachers in Chandigarh
The Punjab and Haryana High Court has issued a stay on a previous order that directed the regularisation of teachers in Chandigarh appointed under the Sarva Shiksha Abhiyan (SSA). This interim decision puts the regularisation process on hold until the next court hearing scheduled for March 25.
Background of the Case
On November 14 last year, a single judge bench of the high court had ordered the regularisation of all Chandigarh teachers under the SSA who had completed more than 10 years of service. The judge ruled that the administration could not use contractual labels to deny these teachers the rights of regular employees. The order required the Union Territory administration and the Centre to regularise eligible SSA cadre members within six weeks.
Recent Court Proceedings
On Thursday, a division bench comprising Justice Ashwani Kumar Mishra and Justice Rohit Kapoor heard an appeal filed by the Chandigarh Administration and another petitioner challenging the single judge's ruling. Senior counsel Amit Jhanji, assisted by advocate Abhishek K Premi, represented the administration. They argued that the SSA is a centrally sponsored scheme, and posts created under it were never merged with the regular teaching cadre of Chandigarh. In the absence of any policy decision or sanctioned posts, they contended that the teachers could not claim a legal right to regularisation.
Senior panel counsel Himanshu Malik supported these submissions and requested a stay on the judgment. He highlighted that implementing the order would have significant administrative and legal consequences. The division bench observed that the matter required careful consideration and issued a notice of motion. Consequently, the bench ordered that the single judge's judgment would remain stayed until the next hearing on March 25, effectively putting the regularisation directions on hold.
Details of SSA Appointments in Chandigarh
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, mirroring the procedure for regular government teachers. Despite this, the teachers remained on annual contracts. The administration cited a lack of sanctioned posts as the reason for not regularising them, leading to the ongoing legal dispute.
