LAWS(HPH)-2022-10-43

KUSUM LATA Vs. STATE OF HIMACHAL PRADESH.

Decided On October 20, 2022
KUSUM LATA Appellant
V/S
STATE OF HIMACHAL PRADESH. Respondents

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for quashing of Annexure P­6, which is an order passed by the learned Appellate Authority, dtd. 15/12/2014, in terms whereof an 1 application filed by the petitioner for her reappointment under the PTA Guidelines, 2014 stood dismissed.

(2.) Facts necessary for the adjudication of this writ petition are that the petitioner was appointed on PTA basis as a teacher in Government Senior Secondary School, Mubarakpur, District Una, H.P., on 12/5/2006 and her services were terminated as such on 25/8/2006. The petitioner though did assail her termination firstly before the erstwhile learned Himachal Pradesh Administrative Tribunal, wherein the Original Application filed by the petitioner was dismissed for want of jurisdiction and thereafter, before this Court by way of CWP No.1185/07, which was decided by this Court vide Annexure P­3, dtd. 21/4/2008, the fact of the matter remains that the termination of the services of the petitioner as on 25/8/2006 was not held to be bad by either any Court of Law or the Authority, to whom the petitioner was relegated in terms of the judgment passed by this Court in Annexure P­3. It appears that thereafter, the Government came out with the PTA Guidelines, 2014, circulated by the Government of Himachal Pradesh, Department of Education, letter No. EDN­A­B(6)8/2005­XI­L, dtd. 24/5/2014 and thereafter, on the basis of these Guidelines, the petitioner filed an application before the ADM­cum­Chairman, PTA Inquiry Committee for her re­ appointment in terms of these PTA Guidelines, 2014. This application of the petitioner has been rejected by the authority concerned vide Annexure P­6 and feeling aggrieved, the petitioner has approached this Court by way of the present petition.

(3.) I have heard learned counsel for the petitioner as well as learned Additional Advocate General. I have also perused the pleadings as well as the documents appended therewith.