PRATIBHA SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has prayed for a direction to the respondents to treat the period from 11.10.2002 to 11.05.2003 as duty period of the petitioner with a further direction to the respondents to release the salary of the petitioner from 11.10.2002 to 11.05.2003 along with interest at the rate of 18% per annum.

(2.) The further facts as pleaded by the petitioner are that on 25.09.2002 the petitioner was transferred from G.S.S.S., Kuther to G.M.S., Sudher (Kangra). The G.M.S., Sudher was upgraded and made functional vide notification dated 08.10.2002. The petitioner was relieved from G.S.S.S., Kuther on 11.10.2002 with a direction to join at G.M.S., Sudher. The petitioner accordingly went to join at G.M.S., Sudher, but the school was closed due to restricted holiday and the petitioner gave her joining report on 14.10.2002 to Chowkidar of G.H.S., Gharoh under whose complex G.M.S., Sudher, falls. The petitioner also sent a copy of joining report dated 14.10.2002 by post to Headmistress, G.H.S., Gharoh.

(3.) The petitioner again went to G.H.S., Gharoh on 16.10.2002 and submitted her joining report to respondent No. 4, who refused to take the joining report of the petitioner. In these circumstances, the petitioner sent a telegram to respondents 2, 3 on 16.10.2002. The respondent No. 4 at the time of verbal refusal told the petitioner that her joining could not be accepted as one Karan Singh has been posted as TGT (NM) in G.M.S., Sudher. The petitioner also sent a telegram to the respondents 2 and 3 on 17.10.2002 requesting them to allow the petitioner to join at G.M.S., Sudher or to allow her a nearby station as the petitioner was rendered without posting. The petitioner also submitted a representation to respondents 3 and 2 on 22.11.2002 and 25.11.2002 respectively for giving her posting near Dharamsala in view of ailment of her husband and small baby.