Reena Kumari 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 petitioner for posting her to her home District i.e. Kullu, it is evident from Annexure P-3 that 07 posts of JBT are vacant as on 22.12.2011 (Answer to Question No. 3546 Vidhan Sabha) and as on today there are still 07 posts, which are vacant in Distt. Kullu, keeping in view the peculiar facts and circumstances mentioned in the present writ petition and also in view of the recruitment and promotion rules (Annexure P-6). Further in view of the facts 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 petitioner 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-4) dated 20.102011 passed by this Hon�ble Court in CWP 7667/2011 etc. titled as Amit Thakur versus State of H.P. and ors. as well as Annexure P-5 i.e. CWP No. 10884/2011 titled as Manjit Kaur versus State of H.P. and ors. on 9.12.2011 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 petitioner to her home District Kullu, as many as 07 posts are lying vacant in District Kullu as on 22.12.2011 (Annexure P-3).

A similar issue was considered by this Court leading to Annexure P-4, judgment in CWP No. 7667 of 2011 and connected cases. The operative portion of the judgment reads as follows:

In the above circumstances, these writ petitions are disposed of as follows:

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 petitioner is similarly situated and in case there is a vacancy at Kullu, the petitioner shall be shifted to Kullu within a period of two weeks from the date of production of a copy of this judgment along with a copy of the writ petition by the petitioner before the second respondent.

The writ petition is disposed of, so also the pending applications, if any.