Himachal Pradesh High Court
Shashi Bala vs State Of H.P. & Others on 11 April, 2016
Author: Dharam Chand Chaudhary
Bench: Dharam Chand Chaudhary
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 24 of 2015.
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Decided on: 11th April, 2016.
Shashi Bala .......Petitioner.
Versus State of H.P. & Others ......Respondents.
of Coram The Hon'ble Mr. Justice Dharam Chand Chaudhary, Judge.
rt Whether approved for reporting?1 No. For the petitioner : Ms. Anita Parmar, Advocate.
For the respondents : Mr. Pushpinder Jaswal, Dy. A.G. Dharam Chand Chaudhary, J. (oral).
This writ petition has been filed with the following prayers:
(i) That writ of mandamus may kindly be issued, directing the respondents to give appointment to the petitioner against the newly created post of Assistant Professor in the subject of Hindi in Ravindra Nath Tagore Government College Sarkaghat, District 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.::: Downloaded on - 15/04/2017 20:07:03 :::HCHP 2
Mandi, H.P., keeping in view the policy Annexures P-2 & P-5 as well as past teaching experience of the petitioner.
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2. What is the qualification of the petitioner, has not been mentioned in the writ petition, nor any educational qualification certificate annexed to this writ of petition. Anyhow, the fact remains that the 3rd respondent continued in appointing the petitioner as rt Lecturer (Hindi) in different spells during the period from 15.9.2010 to 31.12.2013, the detail whereof finds mention in Annexure P-3 and Annexure P-4. She was being paid her salary out of the funds of local PTA. Meaning thereby that she was not appointed under the PTA Scheme nor grant-in-aid released in her case. There are two sanctioned posts of Lecturer (Hindi) in the College.
3. In reply to the writ petition, it is submitted that both posts were filled up on 5.9.2013 and 13.12.2013.
Meaning thereby that now there is no other post lying vacant in the college. No doubt, the Principal of the College vide letter Annexure P-1 has sought creation of ::: Downloaded on - 15/04/2017 20:07:03 :::HCHP 3 one more post of Lecturer (Hindi) in the College, however, such post has not yet been created.
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4. The respondent-State vide notification Annexure P-2, no doubt, has authorized the PTA to fill-up the vacant post of teachers on PTA/stop gap/period basis in old colleges, however, only against the of sanctioned post. Annexure P-2 is, therefore, hardly of any help to the case of the petitioner because no post is rt lying vacant in the college.
5. Notification Annexure P-5 have been issued to stop the removal of the services of the PTA provided teachers, however, these instructions are also of no help to the case of the petitioner as she was already removed on the day, when these instructions ere issued.
Otherwise also, she being not appointed under the Scheme and rather engaged by local PTA, out of PTA funds, the notification Annexure P-5 is also of no help to her case. Therefore, no case for the grant of the relief as sought in this writ petition is made out and the writ ::: Downloaded on - 15/04/2017 20:07:03 :::HCHP 4 petition is accordingly dismissed. Pending applications, if any shall also stands disposed of.
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(Dharam Chand Chaudhary),
April 11, 2016 (ps) Judge
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