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2014 DIGILAW 1427 (HP)

Nisha Devi v. State of Himachal Pradesh

2014-10-15

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

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JUDGMENT Mansoor Ahmad Mir, Chief Justice (oral) This appeal is de-linked from LPA No. 84 of 2011. 2. Challenge in this appeal is to the judgment dated 6th August, 2010, passed by the learned Single Judge in CWP (T) No. 4595 of 2008, whereby the writ petition came to be dismissed and the writ respondents No. 1 & 2-State was directed to take necessary steps for terminating the services of writ respondent No. 3- appellant herein, hereinafter referred to as “impugned judgment”. 3. The dispute in this Letters Patent Appeal iswhether the Degree of Parangat from Kendriya Hindi Shikshan Mandal, Agra is recognized with Himachal Pradesh Government and direction to terminate the service of writ respondent No. 3-appellant herein, is correctly made? 4. While addressing the arguments, the learned Counsel for the appellant argued that the issue has already been thrashed out by the Himachal Pradesh Administrative Tribunal, Camp at Dharamshala, in the judgment rendered in O.A. No. 498 of 1998, titled as Ms. Nisha Devi versus State of Himachal Pradesh and others, decided on 23.08.2007, (Annexure A-7), wherein it has been held that the said degree is recognized for the purpose of the employment and the writ petitioner was found eligible for appointment against the Post of Language Teacher and it was held that she was rightly appointed. 5. The said judgment has not been questioned by the State till today, has attained finality. 6. The writ petitioner has not questioned the impugned judgment, thus, has attained finality, so far as it relates her. 7. In view of the judgment, supra (Annexure A-7), the case of the appellant stands decided and the impugned judgments is bad to the extent questioned in this appeal and is set-aside. 8. The impugned judgment is modified, as indicated above. The appeal is disposed of.