RAJINDER KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THE grievance of the Petitioner in the petition is that despite his selection and appointment as Primary Assistant Teacher (PAT) in Government Primary School, Quir, Education Block Garola, District Chamba, he has not been allowed to join as such. He has prayed for a direction to Respondents to take the joining of the Petitioner as per selection letter Annexure A -2 and appointment letter Annexure A -3.

(2.) THE brief facts of the case are that in the month of September 2009, the Respondents had notified one vacancy of PAT to be filled in Government Primary School, Quir, Education Block Garola. The Petitioner was fully eligible for appointment as PAT. He Whether the reporters of the local papers may be allowed to see the Judgment? applied for that post and the Respondents on the basis of interview conducted declared the result on 10.10.2007 and Petitioner was selected as PAT. The appointment letter was issued on 29.12.2007. However, Petitioner was not allowed to join the duties. In these circumstances, the petition was filed.

(3.) THE Petitioner was selected as PAT, but joining was withheld by the department after the abovementioned policy decision of the government. It has been stated that this Court had earlier decided a similar matter i.e. CWP (T) No. 496 of 2009 titled Ashok Kumar V/s. State. The government has assailed the decision of this Court in the Supreme Court and the Supreme Court has issued notice. In the supplementary affidavit dated 8.11.2010, it has been stated that on 6.10.2010, the Supreme Court has stayed the operation of the impugned judgment.