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2011 DIGILAW 767 (HP)

Promila v. State of H. P.

2011-02-28

DEEPAK GUPTA

body2011
JUDGMENT Deepak Gupta, J. By means of this writ petition, the petitioner has prayed for the grant of following amongst other reliefs:- 1. That the respondent No.3 may kindly be directed to allow the applicant to join her duties in view of the appointment letter. 2. That the respondent No.3 may kindly be held responsible personally for not complying with the provision of the policy and action may be initiated against him. The petitioner alongwith the petition has filed a copy of the Office Order dated 9.2.2004 whereby she has been selected to be appointed as Para Teacher against the post of TGT (Arts) in Government High School (GHS), Naini Khad, District Chamba on a fixed honorarium of Rs.5000/- per month. The petitioner alongwith the petition has also filed a copy of the undertaking which she has given when she went to join at the said school. The petitioner alleges that despite such appointment order, the respondent No.3, Headmaster of the school did not permit her to join at GHS, Naini Khad. The petitioner after she was not permitted to join the said school filed the present petition and the case was listed firstly on 24.3.2004 when notices were issued. A number of opportunities were given to the State to file reply to the petition but when no reply was filed, the right to file the same was closed on 1.5.2006 by the erstwhile Tribunal. Since the Tribunal stands abolished vide notification issued by the Central Government, the case has been transferred to this Court in terms of the Himachal Pradesh Administrative Tribunal (Transfer of Decided and Pending Cases and Applications) Act, 2008. The matter has, therefore, been taken up by this Court and now registered as CWP(T) No.10389 of 2008. On 6.1.2011, the case was adjourned for today but till date, the State has neither moved any application to file reply nor placed any material on record. Therefore, the averments made by the petitioner are uncontroverted. It is not disputed that the petitioner, if she being appointed, would have got salary of Rs.5000/- per month for twelve months, i.e., Rs.60,000/-. In addition thereto, the petitioner would have in all probability continued as Para Teacher till date. Therefore, the averments made by the petitioner are uncontroverted. It is not disputed that the petitioner, if she being appointed, would have got salary of Rs.5000/- per month for twelve months, i.e., Rs.60,000/-. In addition thereto, the petitioner would have in all probability continued as Para Teacher till date. Therefore, the respondents are directed to allow the petitioner to join as Para Teacher against the post of TGT (Arts) in Government High Court, Naini Khad, District Chamba and in case, no post is available at this school, she shall be offered appointment in any other school in the District Chamba as close to Naini Khad as possible. The petitioner shall not be entitled to any pay from the date of submission of her joining report, i.e. 17.2.2004 and shall be entitled to her salary from the date when she actually join duties but for purposes of fixation of seniority in the Para Teachers List, this period shall be taken into consideration. The petitioner shall approach the Director, Elementary (Education) with a copy of this order latest by 15th March, 2011 and orders regarding her posting shall be passed by 31 March, 2011 after verifying the position on the spot. The petition is disposed of in the aforesaid terms. No order as to costs.