SUMANA DEVI Vs. STATE OF HP

JUDGEMENT

(1.) Writ petition has been filed with the following prayers:

(2.) In view of the recent instruction issued by the Director, Higher Education, Himahal Pradesh vide communication dated 24th September, 2009, the case requires fresh consideration in the light of the said communication. The relevant portion of the communication of the Director, Higher Education, Himachal Pradesh reads as follows:

(3.) In view of the above clarification issued by the Director of Higher Education, Himachal Pradesh, the impugned order is liable to be set aside. Ordered accordingly. However, we make it clear that it will be open to the Enquiry Committee to consider the matter afresh in the light of the instruction referred to above. The needful, if required, shall be done expeditiously from the date of the production of a copy of this judgment by either side. It is also made clear that in the cases of those teachers, who are working in the schools, in case they have not been paid their due wages, the same shall be paid and the State shall ensure that the required grant-in-aid is given to the Schools, as per the Rules forthwith. In case the vacancy still exists, we make it clear that it will be open to the respondents to re-engage the petitioner, subject to the outcome of the inquiry and in case, the petitioner is thus re-engaged, she shall be paid the eligible benefits during the period of service.