ORDER : 1. Petitioner herein was appointed as a Lecturer (Political Science) at Government Senior Secondary School Sandhole, District Mandi, Himachal Pradesh on 11.10.2007 on PTA basis, however, her services came to be disengaged on 24.07.2009 on account of her continuous absence from duties. Subsequently, vide Notification dated 22.5.2014, Government of Himachal Pradesh, on the recommendations of the High Powered Committee constituted under the chairmanship of Chief Secretary to the Government of Himachal Pradesh, decided to reengage all the PTA provided teachers, who were engaged before 31.12.2007 and whose services were discontinued for the reasons other than enquiry committee, if they are eligible as per the Recruitment and Promotion Rules. Vide aforesaid communication, Director Higher Education and Director Elementary Education, Himachal Pradesh were requested to take further necessary action in the matter under intimation to the Department. Pursuant to letter dated 23.02.2013, Principal Government Senior Secondary School, Sandhole, Mandi supplied their requisite information on the prescribed proforma and certificate in respect of his school (Annexure P-5). Principal of the school concerned specifically informed in the aforesaid communication that the petitioner remained absent from service on account of long illness and after that regular hand joined on 24.07.2009. The proforma is reproduced herein-below: “Information of lecturer (School Cadre) those who were provided by the Patent Teacher Association in Himachal Pradesh (Engaged before 31.12.2007 and discontinued after 31.12.2007) S. No. Name of the school Details of PTA lecturers (school) engaged against sanctioned post till 3.01.2008 Name of the lecturer (School) Subject Date of birth Date of Engagement Qualification Academic/Professional Whether removed, if yes specify reason i.e. on recommendation of enquiry committee/by transfer/promotion/on appointment of regular or contract/self resigned with date Whether reengaged if yes, specify the ground by enquiry committed or by the court order Date of reengagement Whether covered under GIA if, yes mention the date MA with age Year of passing B.Ed. with % age Year of passing Reason Date 1. GSSS Sandhole DISTRICT Mandi One post of lecturers engaged against sanctioned post till 03.01.2008 Sh. Kamaljeet Sharma Pol. Science 30.04.1995 11.10.2007 (FN) 44.51 % Nov. 2004 60.22 % April/ May 1999 Service terminate due to enquiry done by SDM © Sarkaghat 25.09.2008 Yes. Reengaged by stay order of Hon’ble High Court HP Shimla 04.07.2009 Yes, covered under GIA to PTA on 11.10.2007 2. GSSS Sandhole District Mandi -do- Smt. Arti Devi Pol. Kamaljeet Sharma Pol. Science 30.04.1995 11.10.2007 (FN) 44.51 % Nov. 2004 60.22 % April/ May 1999 Service terminate due to enquiry done by SDM © Sarkaghat 25.09.2008 Yes. Reengaged by stay order of Hon’ble High Court HP Shimla 04.07.2009 Yes, covered under GIA to PTA on 11.10.2007 2. GSSS Sandhole District Mandi -do- Smt. Arti Devi Pol. Science 10.06.1981 11.10.2007 (FN) 47% April 2004 69% Nov. 2004 Absent w.e.f.25.02.20 09 to 23.07.2009 due to illness and after the regular hand joined on 24.07.2009 as such services were deemed terminated although approached for joining. 24.2.2009 ---- ---- -do- PROFORMA FOR PTA TEACHERS UNDER GRAND IN AID RULES 2006 S. No. Name of the School Name of PTA GIA teachers Category i.e. lect. (college)/lect.(school) DPE Subject Date of Birth Date of engagement Qualification Reason of removal i.e. on recommendation of enquiry committee by transfer/promotion or appointment of regular on contract/self resigned/willful absence with date Whether covered under GIA if Yes mention the date MA with % age B.Ed with and age Reason Date 1. GSSS Sandhole Distt. Mandi Smt. Arti Devi Lect.(School) Pol. Science 10.6.1981 11.10.2007 (FN) 47% 65% Absent w.e.f.25.2.2009 to 23.7.2009 due to illness and after that regular hand joined on 24.7.2009 as such services were deemed terminated although approached for joining 24.2.2009 Yes, covered under GIA to PTA on 11.10.2007 2. Since the authority concerned after having received aforesaid information on the prescribed format failed to take necessary action towards reengagement of the petitioner in terms of the policy decision taken by the Government of Himachal Pradesh on 22.5.2014, petitioner filed representations dated 10.03.2010, 14.06.2013, 12.07.2014 and 25.5.2018 (Annexure A-4 colly). Since no action, if any, came to be taken on the aforesaid representation, petitioner was compelled to approach this Court by way of CWP No. 2561 of 2021, which was disposed of on 23.04.2021 thereby directing the respondents to decide the pending representations within four week after affording opportunity of being heard. Petitioner herein submitted fresh representation pursuant to aforesaid order passed by this Court (Annexure P-7). However, respondents though called the petitioner for personal hearing, but rejected her representation vide order dated 2.07.2021 (Annexure P-9) on the ground that Government has directed vide letter dated 19.02.2013 that matter of re-engagement of all those PTA provided teachers who have resigned or remained wilfully abstained will not considered. However, respondents though called the petitioner for personal hearing, but rejected her representation vide order dated 2.07.2021 (Annexure P-9) on the ground that Government has directed vide letter dated 19.02.2013 that matter of re-engagement of all those PTA provided teachers who have resigned or remained wilfully abstained will not considered. Besides above, Director Higher Education while rejecting the representation filed by the petitioner observed in the order that one post of lecturer political science sanctioned in Government Senior Secondary School, Sandhole, District Mandi, H.P. stands already occupied by regularly appointed teacher namely SH. Kamaljeet Sharma and as such, at present petitioner cannot be appointed on the post in question under PTA Grant Aid Rules, 2010. 3. Being aggrieved and dissatisfied with the aforesaid communication, petitioner has approached this Court in the instant proceedings, praying therein for following reliefs: “(i) That a writ in the nature of certiorari may very kindly be issued and impugned order dated June, 2021, dispatched on 2.07.2021 as continued in Annexure P-9 may very kindly be quashed and set-aside. (ii) That a writ in the nature of mandamus may very kindly be issued thereby directing the respondents to re-engage the services of the petitioner as Lecturer/PGT Political Science on PTA basis and thereafter the services be regularized with all consequential benefits of pay, arrears and seniority etc.” 4. Reply to the petition stands filed on behalf of the respondents, wherein facts as have been noticed hereinabove have not been denied. Issuance of communication dated 22.5.2014, copy whereof was made available to this Court during the proceedings of the case has been also not denied by the respondents, rather learned Assistant Advocate General while fairly admitting factum with regard to aforesaid instructions/communication dated 22.05.2014, whereby decision was taken to re-engage all the PTA provided teachers, who were engaged prior to 31.12.2007 and whose services were disengaged, for the reasons other than enquiry, contended that though antecedents of particular of the petitioner were called from the Principal of the concerned school, but since it was found that she herself remained absent from long period and had herself resigned from the post, she could not be re-engaged in terms of the policy decision taken vide communication dated 22.05.2014. However aforesaid plea set up by the respondents in the reply and further canvassed by learned Assistant Advocate General does not appear to be correct, rather same is totally contrary to the material available on record. 5. Having heard learned counsel representing the parties and perused the material available on record, this Court finds that communication dated 2.3.2013 (Annexure P-5) sent by Principal Government Senior Secondary School, Sandhole, District Mandi, H.P., to Deputy Director of Higher Education Mandi, enclosing therewith information of lecturers appointed on PTA basis, clearly reveals that the petitioner was appointed as a lecturer political science on 11.10.2007 and she remained absent w.e.f.25.02.2009 to 23.07.2009 on account of illness, there is no mention, if any, with regard resignation, if any, tendered by the petitioner and as such, it does not lie in the mouth of the respondents at this stage to claim that since petitioner had resigned, she could not be considered in terms of policy decision taken by the Government vide communication dated 22.05.2014. As per policy decision taken on 22.05.2014, PTA provided teachers engaged prior to 31.12.2007 were required to be reengaged, if their services were disengaged for the reasons other than enquiry. 6. In the case at hand, it is not in dispute that services of the petitioner were not disengaged on account of enquiry report, rather on account of joining of regular hand. Principal, Government Senior Secondary School, Sandhole, while supplying information to the Deputy Director of Higher Education vide communication dated 2.3.2013 (Annexure P-5) specifically informed that petitioner herein remained absent on account of long illness, if it so, there was no occasion, if any, for the respondents not to consider the case of the petitioner in light of instructions dated 22.5.2014. 7. Though, respondents have claimed in the reply that the petitioner has herself resigned but such fact is totally contrary to the information given by the Principal of the school concerned, as have been taken note hereinabove, wherein it has been stated that the petitioner remained absent w.e.f. 25.2.2009 to 23.07.2009 due to illness and after that regular hand joined on 24.7.2009 as such, services were deemed terminated although approached for joining. 8. Mr. Sunny Dhatwalia, learned Assistant Advocate General has not been able to pinpoint document, if any, available on record, suggestive of the fact that aforesaid communication dated 22.5.2014, was withdrawn or stands superseded. 8. Mr. Sunny Dhatwalia, learned Assistant Advocate General has not been able to pinpoint document, if any, available on record, suggestive of the fact that aforesaid communication dated 22.5.2014, was withdrawn or stands superseded. However, learned Assistant Advocate General argued that since post in question stands filled by regular hand, prayer made on behalf of the petitioner cannot be considered. However, this Court finds no merit in the aforesaid submission and as such, same deserves to be rejected outrightly. 9. As has been discussed herein above, till the time, communication dated 22.5.2014, whereby respondents took a conscious decision to reengage services of all the PTA provided teachers, who were engaged prior to 31.12.2007, is either withdrawn or superseded, respondents are bound to consider the case of the petitioner as well as other similarly situate persons, for reengagement against the post in question. True, it is that the respondents have filled up the post in question by a regular hand, but right of the petitioner, accrued to her with the issuance of communication dated 22.5.2014, cannot be defeated by transferring/appointing a regular hand against the post in question, regular hand so posted against the post in question, at Government Senior Secondary School Sandhole can be adjusted in some other school by the respondents. 10. Consequently, in view of above, this court finds merit in the case at hand, and accordingly, the same is allowed and order dated June, 2021 (Annexure P-9) is quashed and set-aside. The respondents are directed to consider and decide the case of the petitioner against the post of Lecturer (Political Science) at Government Senior Secondary School, Sandhole in terms of the policy decision dated 22.5.2014, within a period of four weeks from today. 11. The petition stands disposed of in afore terms alongwith all pending applications.