REENA SHARMA Vs. STATE OF HP

JUDGEMENT

(1.) The petitioner was selected against the post of Lecturer (English) by the Parent Teachers Association of Bilaspur College. The petitioner had been working as such without any complaint continuously. The State has taken a policy decision that in the best interest of institutions, no person appointed through PTA would be replaced by way of transfer of an employee or a temporary employee. The petitioner is fully eligible for the appointment of the post of Lecturer College cadre. The petitioner appeared in the written examination conducted by the Public Service Commission. The respondents made appointment of lecturer on contract basis through interview. After selection process, the respondents issued appointment letters to such selected candidates including respondent No. 4. In view of the posting order of respondent No. 4, the petitioner was asked by respondent No. 3 that her services would not be required since respondent No. 4 has been appointed against the post of the petitioner. Thus, it was prayed that the impugned order of posting of respondent No. 4 against the post of the petitioner, may kindly be quashed and set aside.

(2.) I have heard Mr. Anup Rattan, learned counsel for the petitioner and Mr. Vikas Rathore, learned Deputy Advocate General, for respondents No. 1 to 3.

(3.) Learned counsel for the petitioner has brought to my notice the orders passed by the Hon'ble Division Bench of this Court in Kalpna Vs. State of H.P. and others, CWP No. 3514 of 2010, decided on 28.6.2010. Similar orders are being passed in this case and Principal Secretary (Education), to Government of H.P. i.e. respondent No. 1, shall examine the question in view of the decision Kalpna's case supra and the appointment shall be passed in the given. In case, the vacant post is available at P.G. Government Degree College Bilaspur, the petitioner shall be adjusted against the said post or they may pass appropriate orders within two weeks from today. The petitioner may apply to the Principal Secretary (Education), to the Government of H.P., alongwith a copy of the judgment passed in the above referred case.