Himachal Pradesh High Court
Rakhi vs State Of H.P. & Others on 1 November, 2023
Bench: Vivek Singh Thakur, Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Ex. Petition No. 129 of 2023
Date of decision: 1.11.2023
.
Rakhi. ...Petitioner.
Versus
State of H.P. & others. ...Respondents.
of
Coram
Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting?1
rt
For the Petitioner. Mr.Vijay K. Verma, Advocate.
For the Respondents: Mr.Anup Rattan, Advocate General with
Mr.Varun Chandel, Additional Advocate
General.
Vivek Singh Thakur, Judge (Oral)
Learned Additional Advocate General has placed on record communication dated 20.10.2023 with further clarification that impugned order dated 30.3.2022 was issued by Deputy Director Elementary Education, Kullu on the basis of communication dated 5.3.2022 sent by District Attorney Directorate of Elementary Education. He has further submitted that vide communication dated 20.10.2023 Director Elementary Education has directed the concerned Deputy Director Elementary Education to withdraw letter dated 30.3.2022.
2. Office Order dated 26.10.2023 issued by Deputy Director Elementary Education Mandi, District Mandi, H.P., has been placed on record, whereby it has been communicated as under:-
"Consequent upon withdrawal of letter No. EDN-H(18)LC-163/2020 Kullu dated 05.03.2022 and EDN-KLU(Elem)E-III-4149-53 dated 30.03.2023 issued by the Director of Elementary Education, H.P. Shimla and Dy. Director of Elementary Education, Kullu, Distt. Kullu Whether the reporters of the local papers may be allowed to see the Judgment? Yes ::: Downloaded on - 02/11/2023 20:34:38 :::CIS 2 Ex. Petition No. 129 of 2023 (H.P.) respectively, office order No. EDN-KLU(Elem)E-III-7518-20 dated 29.09.2020 earlier issued by the Dy. Director of Elementary Education, Kullu, Distt. Kullu thereby regularizing the services of Smt. Rakhi Language Teacher previous working at GSSS Bhuthi .
(Kullu) (At present GSSS (G) Mandi, Distt. Mandi) w.e.f. 30.01.2009 i.e. from her initial date of appointment on contract basis, stands automatically revived.
Now, therefore, services of Smt. Rakhi, LT is hereby treated as regular w.e.f. 30.01.2009 for all intents and purposes i.e. Pay fixation including ACPs benefits & pension etc. However, her of seniority shall be determined in Mandi Distt. as per norms on account of her transfer to Mandi District under 3%/5% quota."
3. rt It has been submitted by learned Additional Advocate General that earlier petitioner was serving in District Kullu, therefore, earlier order was issued by Deputy Director Elementary Education Kullu, however, the same has been withdrawn by Deputy Director Elementary Education, Mandi, because at present petitioner is serving in District Mandi.
4. Now benefits extended to the petitioner stand revived by treating her as regular w.e.f. 30.1.2009 for all intends and purposes, i.e. pay fixation including ACP and pension etc and her seniority shall be determined in Mandi District as per norms on account of her transfer to Mandi under 3%/5% quota, therefore, petition is disposed of with direction to Director Elementary Education as well as Deputy Director Elementary Education Kullu and Mandi to ensure complete compliance on or before 31st January, 2024.
Pending applications, if any, also stand disposed of.
(Vivek Singh Thakur), Judge.
(Sandeep Sharma), Judge.
1st November, 2023 (Keshav) ::: Downloaded on - 02/11/2023 20:34:38 :::CIS