Shimla: In a major relief to the physical education teachers in the state, the Himachal Pradesh High Court today directed the state government to grant the scale of school lecturers to physical education teachers, who are teaching plus one and plus two classes in the senior secondary schools of the state and hold the minimum qualifications laid down by National Council for Teacher Education.
The judgement will be applicable to all eligible physical education teachers in the state, the high court directed.
The court has also cautioned the state government that the arrears must be paid to the the person, so found eligible on or before 30th April, 2011, failing which the state will be liable to pay interest @ 12% per annum.
Justice Deepak Gupta passed this order on a petition filed by 94 aggrieved teachers pleading that their colleagues teaching other subjects in plus one and plus two classes of Senior Secondary Schools are designated as lecturers (School cadre) and paid the scale of lecturer, whereas the petitioners are not designated as such. The petitioners were claiming that they fulfil all requisite qualifications for being appointed as lecturers in Physical Education and they should be designated as such.
While passing the above order the court observed that the administrative as well as finance department had recommended that the posts of these teachers be upgraded to those of lecturers and had supported the recommendations with reasons. However, the state cabinet had rejected this proposal.
Noting that normally the court would not interfere in policy matters but due to arbitrariness and discrimination in the present case which violates Article 14 of the Constitution of India the court was passing this order.