ANKITA BHARDWAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court, being aggrieved by omission and commission of respondents, seeking direction to respondent No.3 not to consider the candidature of respondent No. 6 for the post of Language Teacher against the post reserved for Ward of Freedom Fighter and further direction to consider the case of the petitioner against the said post to be filled on batch-wise basis in District Bilaspur, HP.

(2.) Undisputed facts are that petitioner and respondent No. 6 belong to the category of Ward of Freedom Fighter. Vide order dated 9.2.2016, respondent No. 6 has been appointed as Language Teacher in District Solan, through Staff Selection Commission, against the post reserved for Ward of Freedom Fighter and since then she is serving as such in District Solan. Her initial appointment was on contract basis but now she has been regularized. After making appointment, through Staff Selection Commission, the respondent - Department had initiated process for batch-wise recruitment to the post of Language Teacher. Petitioner and respondent No. 6 originally belong to District Bilaspur and were enrolled in Employment Exchange Office, Ghumarwin, District Bilaspur, HP. Having no knowledge about the appointment of respondent No. 6 as Language Teacher, respondent No. 5 - Employment Exchange Officer, Ghumarwin, on 15.09.2016, had sponsored name of respondent No. 6 as well as petitioner, for batch-wise appointment to the post of Language Teacher, reserved for category of Ward of Freedom Fighter. In sequel thereto, the concerned Authority had interviewed the petitioner as well as respondent No. 6 on 26.9.2016. However, before issuance of any appointment letter to respondent No. 6, petitioner approached the erstwhile H.P. State Administrative Tribunal and vide order dated 7.10.2016, it was directed by the Tribunal that process for appointment to the post of Language Teacher, batch-wise, against the quota reserved for Ward of Freedom Fighter, be kept in abeyance.

(3.) In reply filed on behalf of the Department of Elementary Education, it is categorically admitted that respondent No. 6 has already been appointed as Language Teacher in District Solan by availing the benefit of reservation provided to the category of Ward of Freedom Fighter from general category and as per instructions circulated by Government of Himachal Pradesh vide letter No. PER(AP)-CF(4)-4/96, dated 5th May, 2001, those sons/grand-sons/ daughters/grand-daughters of Freedom Fighter who have been appointed on regular basis as well as the married daughters/grand-daughters, shall not be entitled for benefit of reservation provided to the Wards of Freedom Fighter in services, against the identical posts, in the same scale.