Rajender Singh and Vikrant Sharma vs State of H.P.

Justice Kurian Joseph, C.J.—The writ petition is filed with the following prayers: (i) That the respondents No.1 & 2 may very be directed to consider the case of the present petitioners for posting them in their home District i.e. Kullu. It is evident from Annexure P-5 that 07 posts of JBT are vacant in Distt. Kullu, as per the Answer of Vidhan Sabha Question No. 3546 dated 22.12.2011 given by the ld. Education Minister, keeping in view the peculiar facts and circumstances mentioned in the present writ petition & also in view of the recruitment and promotion rules (Annexure P-6) that the post of JBT teacher being a class-III, Non Gazetted, District cadre post, while issuing a writ in the nature of Mandamus with further direction to the respondents to place the petitioners at the appropriate place in the list, which has been prepared by them as per their own merit, keeping in view the judgment (Annexure P-7) dated 20.12.2011 passed by this Hon''ble Court in CWP 7667/2011 etc. titled as Amit Thakur versus State of H.P. and others as well as Annexure P-8 i.e. CWP No.11777 of 2011 titled as Ajay Kumar and another versus State of H.P. and ors. on 30.12.2011 by this Hon''ble Court.

(ii) That during the pendency of the present writ petition, the respondent No.2 may be directed to shift the petitioners to their home District Kullu, as many as 07 posts are lying vacant in District Kullu as on 22.12.2011 (Annexure P-5).

This Court vide Annexure P-7, judgment dated 20th October, 2011 has considered the issue and issued the following directions:

In the event of any of the petitioners making a representation for posting against any of the vacancies in the Districts, referred to above, the same shall be considered favourably and orders in that regard shall be passed within two weeks from the date of the receipt of a copy of the representation along with the copy of this judgment.

In case any of the petitioners makes a representation against any vacancy in any District other than the home District, the same shall also be considered favourably and orders in that regard shall be passed within another two weeks. However, it is made clear and it shall be made clear in the orders also that the District they choose so shall be treated for all purposes as their home District in future.

It is however, made clear that in case in respect of any of the vacancies, referred to above, in the various Districts, recruitment process has already been set in motion by notifying those vacancies as on today, the notified vacancies shall not be tinkered in the process.

In case the petitioners are also covered in principle by the above judgment, similar treatment shall be given to the petitioners herein also. The needful shall be done within a period of two weeks from the date of production of a copy of this judgment along with a copy of the judgment by the petitioners collectively before the second respondent, Director of Elementary Education. The writ petition is disposed of, so also the pending applications, if any. Authenticated copy.