Anju Bala vs State of H.P. and Others

Kuldip Singh, J.—The Petitioner has prayed mainly the following relief:

That the Respondent be directed to engage the applicant as Para teacher against vacancies available in Sub Division Nurpur or any place in Himachal Pradesh.

The learned Counsel for the Petitioner has submitted that Respondent No. 2 may be directed to consider the case of the Petitioner in terms of judgment, dated 11.5.2010 passed in No. 923 of 2009. The relevant portion of judgment dated 11.5.2010 is as follows:

The Writ Petition is filed praying for a direction to re-engage the Petitioner as Para Teacher Lecturer in Hindi in the light of the observations and directions issued by this Court judgment in Baldev Singh and Ors. v. State of Himachal Pradesh and Ors. CWP No. 415 of 2000.

There will be a direction to the second Respondent to look into the matter and take appropriate action in accordance with law and also in the light of the observations and directions issued by this Court in Baldev Singh''s case (supra) within a period of one month from the date of production of a copy of judgment in his case along with a copy of the judgment referred to above, without discriminating the Petitioner.

The writ petition is disposed of, so also pending application

The learned Additional Advocate General has submitted that the case of the Petitioner is different and she has relied on the reply filed by the Respondents.

The Division Bench in judgment dated, 11.5.2010 has directed the second Respondent to look into the matter and take appropriate action in accordance with law and also in the light of the observations and directions issued by this Court in Baldev Singh''s case mentioned in judgment dated 11.5.2010.

In the present case, the Petitioner has prayed for a direction to Respondents for engaging her as Para teacher. It has been further submitted in the petition that the Petitioner had already served as Lecturer (Political Science) in Govt. Senior Secondary School, Rehan on contact basis from 9.12.1996 to 28.2.1997 and from 3.11.1997 to 27.2.1998. The Petitioner earlier approached erstwhile Tribunal regarding her time and again retrenchment and the Tribunal directed to consider the case of the Petitioner for re-employment as Lecturer (Political Science). There is a policy to engage Para teacher on vacant posts. It has been submitted that the Petitioner is entitled for re-engagement on available post. The judgment, dated 11.5.2010 also indicates that the Petitioner, therein, had prayed for a direction to re-engage as Para teacher Lecturer (Hindi). Thus, it cannot be said that the case projected by the Petitioner in the present petition is different from the case, decided on 11.5.2010 (supra).

In view of above discussion, the Respondent No. 2 is directed to consider the case of the Petitioner in terms of the judgment, dated 11.5.2010 in CWP No. 923 of 2009 within a period of one month from the date of production of a copy of this judgment along with copy of the judgment, dated 11.5.2010 in CWP No. 923 of 2009 as well as judgment in CWP No. 415 of 2000, titled Baldev Singh and Ors. v. State of Himachal Pradesh and others.

The petition stands disposed of, so also the pending application(s), if any.