HC stays single-bench order to regularise SSA teachers in UT

On November 14 last, the single bench had ordered the regularisation of all Chandigarh teachers appointed under the Sarva Shiksha Abhiyan who had completed more than 10 years of service, holding that the administration cannot “misuse contractual labels to deny them the rights of regular employees”.

The ruling had directed the Union Territory administration and the Centre to regularise eligible members of the SSA cadre within six weeks.

Appearing for the administration on Thursday, senior counsel Amit Jhanji, assisted by advocate Abhishek K Premi, argued that Sarva Shiksha Abhiyan was a centrally sponsored scheme and that posts created under it were never merged with the regular teaching cadre of the Union Territory. In the absence of any policy decision or sanctioned posts, he contended, 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, submitting that “its implementation will have far-reaching administrative and legal consequences”.

Observing that the matter required consideration, the division bench issued notice of motion.

The bench ordered that the single-bench judgment would remain stayed until the next hearing on March 25, keeping the directions on regularisation on hold.