Smt. Santosh Kumari vs State of Himachal Pradesh and Others

V.K. Sharma, Judge

The petition has been filed with the following substantive prayers vide para 7 (a), (c) and (d):- 7 (a). It is prayed that recommendation made by respondent No. 3 to respondent No. 5 in favour of the candidature of private respondent No. 6 may please be ordered to be set aside.

(c). That Principal, Govt. Sr. Secondary School, Galore may please be directed not to accept the joining of the illegal recommended candidature of Shashi Kiran respondent No. 6 till the final disposal of the present O.A. in the interest of justice and fair play.

(d). That respondent No. 3 be directed to send the recommendation of only contract lecturer retrenchee having the longest service as a contract teachers excluding the vacations to the Principal, Govt. Sr. Secondary School, Galore in view of the para teacher policy dated 6.10.2003 Annexure A-4.

In reply, respondents No. 1 & 2 have taken the following stand, vide para 3 of their reply:-

That it is submitted that the case of the petitioner has been re-examined in view of the Para Teacher Policy, 2003 and from the perusal of the record, it reveals that the committee constituted for selection has not considered the candidature of the petitioner who was retrenchee and such candidate had to be given preference for appointment as per judgment in CWP No. 415 of 2000, Baldev Singh versus State of H.P. Therefore, it has been decided to offer appointment as Para Lecturer against vacancy in the subject of Hindi. The Principal, Govt. Senior Secondary School, Pohanj, District Hamirpur has been directed to appoint the petitioner as Lecturer Para Teacher as per terms & condition of Para Teacher Policy, 2003 vide order No. EDN-H (19) B (1)-1/2009-Apptt.-Cont./Para Teacher dated 8.8.2011 (copy of order dated 8.8.2011 is marked as Annexure R/1. Therefore, the present writ petition may kindly be disposed of.

The stand on behalf of respondent No. 6 is that she was selected by a duly constituted selection committee.

Name of respondent No. 4 stands deleted. There is no reply on behalf of the remaining respondents.

Admittedly, the process for selection to the post of Para Lecturer in Hindi in Government Senior Secondary School, Galore, District Hamirpur, was initiated by the respondent- Department in October, 2004. Out of 84 candidates including the petitioner, who was a ''retrenchee'', respondent No. 6 was selected and given appointment. Being aggrieved, the petitioner challenged the selection before the erstwhile H.P. Administrative Tribunal by way of an Original Application which on abolition of the said Tribunal has been transferred to this Court and registered as CWP (T) No. 3606 of 2008.

It has been categorically admitted on behalf of respondents No. 1 & 2 in para 3 of their reply as extracted hereinabove that the petitioner being ''retrenchee'' was entitled to be considered for the aforesaid post on preferential basis in terms of judgment of this Court in CWP No. 415 of 2000, Baldev Singh versus State of H.P. and others and as such her case was reexamined in view of the Para Teacher Policy, 2003 and she has since been given appointment as Para Lecturer in Hindi in Government Senior Secondary School, Pohanj, District Hamirpur vide order dated 8.8.2001, copy of which has been brought on record as Annexure R-1. Thus, it is manifest that the claim of the petitioner for appointment to the aforesaid post ought to have taken precedence over respondent No. 6, who was appointed to the post. However, the fact remains that the appointment of respondent No. 6 dates back to the year 2004 and she has already worked against that post for the last more than seven years. Thus, in the facts and circumstances of the case, it shall not be expedient and in the interest of justice to disturb the appointment of respondent No. 6 at this stage. However, though the petitioner has been appointed against the aforesaid post only in the year 2011 and is not entitled for back wages on the principle of ''no work, no pay'', yet in view of the peculiar facts and circumstances of the case, she cannot be denied seniority over and above respondent No. 6, may be on notional basis and that too without any back wages.

In view of the above, the petition is allowed with a direction to respondent No. 2 to assign seniority to the petitioner as Para Lecturer in Hindi over and above respondent No. 6, Ms. Shashi Kiran on notional basis and to reckon the same for the purpose of regularization in terms of the policy of the State Government, if any. However, it is made clear that the petitioner shall not be entitled for any back wages. The petition stands disposed of, so also pending application (s), if any.