NEELAM DEVI WIFE OF SHRI MOHAN LAL, RESIDENT OF VILLAGE GUMMA, P.O. BHOR, TEHSIL CHOPAL, DISTRICT SHIMLA, H.P. Vs. STATE OF HIMACHAL PRADESH THROUGH ITS SECRETARY (EDUCATION) TO THE GOVT. OF H.P., SHIMLA-2,

JUDGEMENT

(1.) XXXXX.

(2.) PETITIONER submitted an application for considering her candidature for the post of Primary Assistant Teacher in Government Primary School, Bharan. She has applied under O.B.C. category. She was found suitable and offered appointment to the post of Primary Assistant Teacher. She joined her duties at Government Primary School, Bharan on 18.08.2005. A show -cause notice was issued to the petitioner on 07.09.2005 why her services be not terminated since her husband belongs to General category. She filed reply to the same on 16.09.2005. According to the respondents, once the petitioner though belonging to O.B.C. category married to a person who was of the General category, she will cease to be belonging to O.B.C. category. The services of the petitioner were terminated on 11.10.2005 w.e.f. 03.10.2005. She assailed the issuance of show -cause notice by way of O.A. No. 2499 of 2005. The same was transferred to this Court and assigned new number, i.e., CWP(T) No. 12257 of 2008. The Court found the CWP(T) No. 12257 of 2008 pre -mature vide judgment dated 09.12.2009. However, the liberty was reserved to the respondent -State to proceed with the matter after taking into consideration the reply furnished by the petitioner to show -cause notice. Petitioner has also filed a review petition against the judgment dated 09.12.2009. The same was rejected on 07.01.2010. Thereafter, the petitioner filed a detailed representation on 14.06.2011 for considering her case in accordance with law. The respondents ought to have decided the representation made by the petitioner by now.

(3.) ACCORDINGLY , in view of the observations and directions made hereinabove, the petition is allowed. The impugned orders dated 29.05.2005 and 11.10.2005 (Annexures P -10 and P -11) are quashed and set aside. Respondents are directed to offer appointment to the petitioner to the post of Primary Assistant Teacher at Government Primary School, Bharan within a period of three weeks from the date of production of a certified copy of this judgment by the petitioner before the second respondent. It is made clear that the petitioner shall not be entitled to any monetary benefits except continuity in service for all intents and purposes. The pending application(s), if any, also stands disposed of.