LAWS(HPH)-2022-5-71

NAGEEN CHANDER SHARMA Vs. STATE OF HIMACHAL PRADESH

Decided On May 05, 2022
Nageen Chander Sharma Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) By way of this petition, the petitioner has, inter alia, prayed for the following relief:-

(2.) Brief facts necessary for the adjudication of present petition are as under:- Case of the petitioner is that he was selected and appointed as a Lecturer (Economics) under the PTA Policy in Government Senior Secondary School, Baragaon, Tehsil Kumarsain, District Shimla, H.P. on 27/7/2004. His services were discontinued on the joining of a regular hand on 16/8/2004. Thereafter, in the year 2007, again the process was initiated to fill up the same post on PTA basis, for which the petitioner also applied. As per the petitioner, in terms of Annexure A-6, which is the list of candidates, who participated in the said process alongwith marks granted to them by the Selection Committee, the petitioner was at Sr. No. 2 on merit. Further as per the petitioner, as the candidate who was at Sr. No. 1 on merit did not join the service and it is in these circumstances the petition has been filed praying for the relief that a direction be issued to the respondents to offer appointment to the petitioner against the post of Lecturer (Economics) in Government Senior Secondary School Shiwang, Tehsil Kumarsain, District Shimla

(3.) The petition is opposed on the ground that pursuant to Annexure A-6, none was given appointment and the petition was otherwise not maintainable, as the petitioner had approached the appropriate Court after a lapse of 9 years.