Shivani Abrol vs State of H.P. and Others

Sanjay Karol, J.—Vide order dated 11.12.2009 (Annexure P-1), Smt. Promila Devi was posted at "GC Chamba" as a Lecturer in Geography (College Cadre). A corrigendum was issued on 14.12.2009 to the effect that in place of "GC Chamba" words "GC Chamba vice PTA provided Lecturer" be read.

However, at that time Ms. Shivani Abrol was working as a PTA teacher in G.C., Chamba. As such, aggrieved of the orders dated 11.12.2009 and 14.12.2009, she approached this Court and on 1.1.2010, it was directed that parties maintain status quo during the pendency of the petition (CWP No. 5050/2009).

In order to accommodate Ms. Shivani Abrol, Respondents issued orders dated 15.7.2011 (Annexure P-5) transferring Ms. Promila Devi from "G.C. Chamba" to "G.C. Nurpur". Aggrieved thereof, Ms. Promila Devi also filed a petition being CWP No. 5685 of 2011 before this Court.

Significantly, she has placed on record notification dated 25.5.2011 (Annexure P-4) evidencing the fact that Respondents have also transferred one Sanjay Pathak to "G.C. Nurpur".

Be that as it may be, the fact of the matter is that the appointment of Ms. Promila Devi at G.C. Chamba was only on contract basis and as such Shivani Abrol, who was working as a PTA had No. right to continue at Chamba once she was replaced by a regularly appointed contract employee who was posted there. In this view of the matter, the impugned order dated 15.7.2011 (Annexure P-5) is quashed. Interim order dated 1.1.2010 passed in CWP No. 5050/2009 stands vacated. Ms. Promila Devi shall continue to work at "G.C. Chamba" as per the stand of the State before this Court.

With the aforesaid observations, the writ petitions are disposed of, so also pending application(s), if any.