MADAN LAL SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner herein was appointed as Shastri in a Privately Managed Indira Gandhi Memorial Middle School, Amlehar, Tehsil Nadaun, District Hamirpur, Himachal Pradesh on 6/6/1985. Petitioner continued to discharge his duties in the capacity of Shastri in the aforesaid school without there being any interruption till the year 1990 when aforesaid school was taken over by the State Government. Since services of the petitioner were not taken over by the Government despite there being assurance and completion of all the necessary formalities, he was compelled to file Original Application No.1195 of 1991 in the erstwhile H.P. Administrate Tribunal, which came to be disposed of with the direction to the respondents to treat the original application as representation to the Secretary (Education) to the Government of Himachal Pradesh with further direction to him to consider the same in the light of judgments passed by learned Tribunal below in TA No.876/86 (Sushil Kumar Kaushal Vs. State), TA No.875/86 (Smt. Maya Devi vs. State), OA No.175/88 (Sarwan Kumar vs. State) and OA No.160/90 (Surinder Kumar Vs. State) after affording an opportunity of being heard to the petitioner. Pursuant to aforesaid direction issued by learned Tribunal, respondent-Department treated the Original Application having been filed by the petitioner as representation and rejected the same by concluding in the order that as per the condition of the gift deed, Government was not bound to take over the services of the staff of the school. Respondents in order rejecting the representation observed that it was specifically mentioned in the gift deed that only the services of those staff will be considered for taking over by the State Government, who are found eligible under the instructions circulated in the month of June, 1985.

(2.) Being aggrieved and dissatisfied with the aforesaid order rejecting representation, petitioner approached this Court by way of CWP(T) No.5 of 2012, praying therein for following reliefs:-

(3.) This Court vide judgment dtd. 12/10/2012 (Annexure P-1) allowed the writ petition and quashed order rejecting representation and directed the respondent-State to appoint the petitioner as Shastri w.e.f.27/8/1990 i.e. from the date when Indira Gandhi Memorial Middle School, Amlehar, District Hamirpur was taken over, with all consequential benefits.