Jyoti Dhiman vs State of H.P. and Others

Sanjay Karol, J.—In view of the affidavit filed by Respondent No. 1 Petitioner''s grievance to a large extent stands resolved. Vide order dated 1.8.2011 (Annexure A-1) Respondent No. 2 has directed the Principal to give appointment to the Petitioner as lecturer in Biology in Government Sr. Section School Guglara, District Kangra in terms of the Para Teacher Policy - 2003.

Petitioner contends that aspect of the seniority has not been considered by the Respondents. Reliance is also placed on the judgment passed by this Court in CWP(T) No. 10389 of 2008, titled as Promila v. State of H.P. and Ors. decided on 28.2.2011, wherein under similar circumstances the following observations were made and directions issued:

On 6.1.2011, the case was adjourned for today but till date, the State has neither moved any application to file reply nor placed any material on record. Therefore, the averments made by the Petitioner are uncontroverted. It is not disputed that the Petitioner, if she being appointed, would have got salary of Rs. 5000/- per month for twelve months, i.e., Rs. 60,000/-. In addition thereto, the Petitioner would have in all probability continued as Para Teacher till date. Therefore, the Respondents are directed to allow the Petitioner to join as Para Teacher against the post of TGT (Arts) in Government High Court, Naini Khad, District Chamba and in case, No. post is available at this school, she shall be offered appointment in any other school in the District Chamba as close to Naini Khad as possible.

The Petitioner shall not be entitled to any pay from the date of submission of her joining report, i.e. 17.2.2004 and shall be entitled to her salary from the date when she actually join duties but for purposes of fixation of seniority in the Para Teachers List, this period shall be taken into consideration. The Petitioner shall approach the Director, Elementary (Education) with a copy of this order latest by 15th March, 2011 and orders regarding her posting shall be passed by 31 March, 2011 after verifying the position on the spot.

As such the Petitioner''s case shall also be considered in the light of the directions issued in Promila''s case (supra). Needful 3 action shall be taken within a period of three months from the date of receipt of the certified copy of the judgment. Petition stands disposed of so also the pending application(s), if any.