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Guest Teachers can’t be removed till Regular Appointment – High Court

January 17, 2018

Service Law Chandigarh

Good news has come for thousands of guest teachers in Punjab and Haryana, who every year are replaced once the current session ends in which they are appointed.

On guidelines of Supreme Court, the practice of removing Guest Teachers has already been deprecated at the end of session by replacing them with similar arrangement.

HC Bench said, “If regular appointments were not made despite having workload, the petitioner’s services could have been extended. The college’s action of ending her services cannot stand legal scrutiny”.

Punjab and Haryana High Court Bench was hearing one service mater filed by petitioner against a College of SBS Nagar, Nawanshahr District, who in reply stated, we followed the directions of the Punjab University (PU).

While disposing the case, the HC bench ordered college to pay for the 5 month period during which the petitioner was not given any work nor pay with liberty to college to recover it from the Punjab University later.

Yet, in another case before High Court bench, it held, Research Scholars are no replacements of guest teachers and doesn’t fall in the category of replaced with another set of employees.

The court upheld the stance of college following University Grants Commission (UGC) guidelines for which work is to be assigned to research scholars.

In its order, HC stated, Research Scholars are required to teach 5 hours per week and not to be paid any extra allowance.

In the end, Court concluded the matter by observing that petitioners don’t have any legal vested right to continue as they stood relieved at the end of tenure.

For best legal advice related to service matters in Punjab, Haryana, Chandigarh (UT), Panchkula, Mohali , Zirakpur and adjoining areas, drop a line at satish@legalseva.net or dail 9988817966 for quick action.

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