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Himachal Pradesh High Court · body

2009 DIGILAW 940 (HP)

BANDANA THAKUR v. STATE OF H. P.

2009-10-30

KULDIP SINGH

body2009
JUDGMENT Kuldip Singh, J.(Oral)-The Petitioner had filed Original Application being OA No.3057/04 before Himachal Pradesh Administrative Tribunal which was abolished and the cases of the erstwhile Tribunal were transferred to this court. On transfer of OA No.3057/04 to this Court the same has been registered as CWP (T) No.14064 of 2008. 2. The petitioner in the petition has prayed that the respondents be directed to allow the petitioner to resume her duties with all consequential benefits. The case of the petitioner is that she was selected to the post of para teacher (Lecturer Chemistry School Cadre) purely on temporarily basis and for that purpose appointment was given to her vide office order dated 9.9.2004 vide annexure A-1. The petitioner has submitted her joining to the Principal Govt. Senior Secondary School, Sarol, Distt Chamba on 17.9.2004 (forenoon). The respondent No.3 had refused to join the petitioner on the ground that she could not be allowed to join till completing the condition of 20 students. 3. It is the case of the petitioner that she was selected as Lecturer in Chemistry and in the office order Annexure A-1 there is no condition that her joining will be subject to the condition of availability of 20 students in the school. The learned Addl. Advocate General has failed to point out that for para teacher (Lecturer Chemistry School Cadre) there was requirement of 20 students in the school, such condition, if any, was for commerce stream only. In light of these facts the petitioner has made out a case that the respondent No.3 had wrongly refused to accept her joining when the petitioner had reported for duties on 17.9.2004 in pursuance of office order Annexure A-1. The petition is accordingly allowed. 4. The respondents are directed to allow the petitioner to join at Govt. Senior Secondary School, Sarol, as para teacher, (Lecturer Chemistry School Cadre) purely on temporarily basis within one month from today and shall pay her the salary in accordance with law. The writ petition stands disposed of in the aforesaid terms.