CHET RAM Vs. STATE OF HIMAHCAL PRADESH

JUDGEMENT

(1.) Pursuant to advertisement issued in January, 2006 Annexure A-1, petitioner as well as respondent No.4 applied for the post of language Primary Assistant Teacher(hereinafter referred to as PAT) in the office of SDO, Sadar, District Bilaspur. Selection/interview committee constituted for the purpose of selection of Primary Assistant Teacher after having found the respondent No.4 eligible, selected him for the post in question and as such he gave his joining on 4th April, 2006 (Annexure A-3) at Government Primary School, Solda, District Bilaspur.

(2.) Petitioner after being declared unsuccessful laid challenge to the selection of respondent No.4, in aforesaid selection process, by way of Original Application No. 3136/2007 in erstwhile H.P. State Administrative Tribunal. Since the Himachal Pradesh Administrative Tribunal came to be abolished, aforesaid original application having been filed by petitioner came to be transferred to this Court and accordingly same was re-registered as CWP(T) No.16072/2008. On 17th October, 2011 coordinate Bench of this Court while placing reliance on the judgment rendered by a Division Bench of this Court in Arjun Singh vs. Pawan Kumar & Others , LPA No. 251 of 2011, decided on 7th September, 2011, quashed and set aside the appointment of respondent No.4 to the post of Primary Assistant Teacher in Government Primary School, Soldha and directed respondents to fill-up the post in question as per the earlier selection made in the interview held in the year, 2006 and the merit list drawn at that time.

(3.) Being aggrieved and dissatisfied with the aforesaid judgment passed by the Coordinate Bench of this Court, respondent No.4 preferred LPA bearing No. 64 of 2013, which ultimately came to be decided on 6th May, 2013. Division Bench of this Court while allowing aforesaid LPA No. 64 of 2013, having been filed by respondent No.4 observed that learned Single Judge before applying ratio of the decision rendered by Division Bench in Arjun Singh's case (Supra) has not recorded any findings with regard to the eligibility of the appellant and as such judgment is not sustainable. In the aforesaid background, Division Bench vide judgment dated 6th May, 2013 remanded the case back to the learned Single Judge for deciding afresh. In this background the matter has again come up for hearing in this Court.