Namrta Sharma v. H. P. State Environment Protection and Pollution Control Board
2015-09-01
MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN
body2015
DigiLaw.ai
Judgment Mansoor Ahmad Mir 1. All these Letters Patent Appeals are directed against the judgment dated 9.1.2009, made by the learned Single Judge of this Court in CWP(T) No.2394/2008, titled Deepa Sharma vs. H.P. State Environment Protection and Pollution Control Board and others, whereby the writ petition came to be allowed and contractual engagement of Namrta Sharma-appellant herein was quashed with command to respondent No. 1 in the writ petition to effect recovery of the salary paid to appellant Namrta from the members of the Selection Committee, for short “the impugned judgment.” 2. Ms. Namrta Sharma-appellant herein has questioned the impugned judgment by the medium of LPA No. 14 of 2009 for setting aside the impugned judgment and the other appellants-members of the Selection Committee, through the medium of LPAs No. 21/2009, 24/2009 and 48/2009, have questioned the impugned judgment so far it relates to effecting the recovery from them. 3. We have gone through the impugned judgment. 4. It appears that Ms. Namrta Sharma was engaged as Junior Scientific Assistant in terms of the advertisement notice dated 30th April, 2006 published in “Divya Himachal” and Ms. Deepa Sharma has also participated in the selection process. The selection was only for a period of one year, i.e., w.e.f. 2.12.2006, has come to an end on 1.12.2007, was extended by another one year on 2.1.2008. The said period has also come to an end. Thus, the appeal filed by appellant Ms. Namrta Sharma has become Infructuous. No other relief was granted in favour of Ms. Deepa Sharma, has not questioned the impugned judgment on any ground. 5. The impugned judgment, so far it relates to recovery, is not tenable for the reasons that the appellants members of the Selection Committee in LPAs No. 21/2009, 24/2009 and 48/2009, were not parties before the Writ Court and came to be condemned unheard. The appellant- Namrta Sharma has worked for the said period and she cannot be divested of her pay as she has performed her duty. 6. Having said so, the impugned judgment so far it relates to effecting the recovery, is set aside. 7. Accordingly, the impugned judgment is modified as indicated hereinabove and all the LPAs are disposed of alognwith pending applications if any.