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2020 DIGILAW 68 (HP)

Suneel Kumar v. State Of Himachal Pradesh

2020-01-04

SANDEEP SHARMA

body2020
JUDGMENT Sandeep Sharma, J. - In the month of November, 2003, Department of Education, Himachal Pradesh conducted interviews for 14 posts i.e. 12 P.E.T. and 02 D.P.E. as per the Para Teacher Policy, 2003, wherein petitioner herein along with other eligible candidates also participated. 2. Pursuant to aforesaid interview, which was held under the Chairmanship of Sub Divisional Magistrate, Sadar, District Mandi, petitioner along with other two candidates was selected, as is evident from Annexure P-1. Aforesaid communication dated 15.6.2004 received from the office of Sub Divisional Officer (Civil), Sadar, Mandi, Distt. Mandi, reveals that petitioner was selected to be appointed against the post of D.P.E. at Government Senior Secondary School, Shiva-Baddr, but he was not posted in the aforesaid school on the ground that no post was lying vacant in that Institution. Since despite repeated requests and representations having been made by the petitioner, praying therein to appoint him against his selection made vide letter dated 15.6.2004, no action, whatsoever, came to be taken by the respondents and thus he approached this Court by way of instant writ petition filed under Article 226 of the Constitution of India praying therein for following substantive reliefs:- "(i) That writ in the nature of mandamus may kindly be issued directing the respondent No.5 to accept the joining of the petitioner against the post of D.P.E. (Para Teacher) in Govt. Sr. Sec. School, Shiva Badar, Tehsil Sadar, District Mandi, H.P. in light of Annexure P-3, since the post was lying vacant during the year 2008-2009 and the petitioner was appointed by the competent authority on 15.6.2004 as D.P.E. (Para Teacher) in Govt Sr. Sec. School Shiva Badar, butt till date, he has not been given joining. (ii) That writ in the nature of mandamus may kindly be issued, directing the respondents to give seniority and other economic benefits to the petitioner from 15.6.2004 since the petitioner was appointed by the competent authority on the said date being a meritorious in the merit, but the respondent department gave joining to other Para Teachers, who were in the waiting list, but the petitioner has been deprived without any justification till date." 3. Having heard learned counsel representing parties and perused pleadings and the documents adduced on record, this Court finds that there is no dispute, if any, with regard to selection of the present petitioner against the post of D.P.E. at Government Senior Secondary School, Shiva-Baddr Distt. Mandi, H.P. Rather careful perusal of Annexure P-3, which was issued in July, 2008 reveals that Director of Higher Education, Himachal Pradesh informed Principal Secretary (Education), Government of Himachal Pradesh that one post of D.P.E. is lying vacant at Government Senior Secondary School, Shiva-Baddr, Distt.Mandi on account of transfer of Jiva Nand, D.P.E. to Government Senior Secondary School, Urla, District Mandi, H.P., but despite that petitioner, who otherwise stood selected, was never offered posting against the post of D.P.E. at Government Senior Secondary School, Shiva-Baddr, District Mandi. 4. Reply having been filed by respondents No 1 to 3 and 5 clearly reveals that though on 15.6.2004 no post of D.P.E. was lying vacant at Government Senior Secondary School, Shiva-Baddr, but such post was subsequently fell vacant on the transfer of above named Jiva Nand on 15.6.2008. Information received by petitioner under Right to Information Act, vide communication dated 13.12.2019 issued by Public Information Officer-cum-Deputy Director of Higher Education, Mandi, District Mandi, which is taken on record, reveals that post of D.P.E. is lying vacant in Government Senior Secondary School, Shiva-Baddr w.e.f.14.6.2019 on account of transfer of Yashwant Singh D.P.E. Since, selection of the petitioner made in terms of communication dated 15.6.2004, Annexure P-1, still holds good, this Court sees no reason to deny appointment to the petitioner against the post of D.P.E. at Government Senior Secondary School, Shiva-Baddr, especially when post of D.P.E. in that school is lying vacant. This Court cannot lose sight of the fact that petitioner is waiting for his appointment to the post of D.P.E. at the aforesaid School, since year 2004 and it is none of the case of the respondents that on account of subsequent developments, petitioner has rendered himself ineligible to be appointed against the aforesaid post of D.P.E. 5. Consequently, in view of above, present petition is allowed and respondents are directed to appoint petitioner against the post of D.P.E. at Government Senior Secondary School, Shiva-Baddr forthwith. Needless to say that petitioner shall be entitled to service benefits on account of appointment from the date of his joining. Pending miscellaneous applications, if any, also stand disposed of.