RAJ DULARI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) MATERIAL facts necessary for adjudication of this petition are that the petitioner has obtained one year Condensed Course of Nursery Teacher from Manava Bharti, Mussoorie, Dehradun. She got her name registered with the employment exchange. Her name was sponsored by the employment exchange pursuant to which she was issued call letter on 28.6.1996 for the post of Nursery Teacher. She appeared in the interview on 11.7.1996. She was offered appointment letter on 19.9.1996, pursuant to which she joined her duties as Nursery Teacher at Government Pre-Primary School, Dadahoo, District Sirmour on 21.9.1996. The appointment letter dated 19.9.1996 was withdrawn by the respondents on 30.9.1996. Petitioner assailed this order dated 30.9.1996 before the erstwhile learned Himachal Pradesh Administrative Tribunal by way of O.A. No.1509 of 1996. The interim order was passed by the learned Tribunal on 10.10.1996. O.A. No.1509 of 1996 was transferred to this Court and assigned CWP(T) No.3807 of 2008. The same was disposed of by this Court on 5.5.2009. In sequel thereto, the petitioner was directed to appear before the Deputy Director of Elementary Education, district Sirmour on 2.7.2009. She also made a representation. The Deputy Director of Elementary Education, Sirmour passed the impugned order on 6th August, 2009 whereby the services of the petitioner were terminated with immediate effect. Petitioner has assailed Annexure P-7, dated 6th August, 2009.

(2.) MS. Ranjana Parmar, learned counsel for the petitioner has strenuously argued that the appointment of the petitioner was in accordance with law. She then contended that there was no requirement under the Recruitment and Promotion Rules, Annexure R-1 that the recruitment was to be made by the H.P. Public Service Commission. She further argued that her client is eligible for appointment to the post of Nursery Teacher as per the Scheme framed by the Respondent-State on 12th August, 1997.

(3.) PETITIONER has done Condensed Course, as noticed above from Manava Bharati, Mussoorie, Dehradun in the Academic Session 1984-85. Her name stood sponsored by the employment exchange. She appeared in the interview before the Deputy Director of Elementary Education, Sirmour on 11.7.1996. Thereafter she was offered appointment on 19.9.1996, on the basis of which she joined her duties on 21.9.1996. The appointment letter dated 19.9.1996 was withdrawn on 30.9.1996. Learned Tribunal granted interim relief to the petitioner on 10.10.1996. She continuously worked from 10.10.1996 onwards on the basis of interim order passed by the learned Tribunal. The O.A. No.1509 of 1996, preferred by the petitioner was disposed of by this Court on 5.5.2009. In sequel thereto, the petitioner's services were terminated on 6.8.2009.