PUSHAP LATA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER was engaged as Lecturer on contract basis with effect from 9th December, 1997. She was terminated with effect from 1st June, 2000 after the joining of a regular hand. However, Mr. Khidta, learned counsel for the petitioner submits that at the time of her termination, persons who were junior to the petitioner were retained and there were vacancies lying vacant in the adjoining schools where the regular hand could have been adjusted. However, the fact of the matter is that the petitioner was also re -engaged on 28th September, 2001. Persons junior to her have been regularised as per Annexure C -3, dated 26th June, 2006 with effect from 1st January, 2006. The case of the petitioner has not been considered only on the ground that she has not completed eight years regular service. In other words, petitioners date of appointment has been taken with effect from 28th September, 2001 instead of 9th December, 1997.

(2.) THE issues raised in this case stand already decided by this Court in Rakesh Sharma versus State of Himachal Pradesh and others, CWP(T) No.5269 - on 21st April, 2010. This position is not disputed by the State.