SEEMA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following relief:-

(2.) Mr. Rajesh Kumar, learned counsel for the petitioner, has submitted that the petitioner was appointed as "Art and Craft Teacher" on the basis of a resolution passed by the School Management Committee and Principal, "Government Middle School Punan, Tehsil Nankhari, District Shimla." Petitioner is working in the school since 6/4/2012. The State of Himachal Pradesh has formulated Grant-in-Aid Rules in the year, 2014. However, the respondents were not paying Grant-in-Aid to the petitioner w.e.f. 16/8/2014, as per Rules. Learned counsel has further submitted that in the similar circumstances, Villam Singh has filed CWP No.2467 of 2015, which was decided vide order dtd. 7/4/2016 (Annexure P-3). The said order was upheld by this Court vide order dtd. 26/11/2018, passed in LPA No.53 of 2018. The Special Leave to Appeal, filed by the respondents/State, was dismissed by the Hon'ble Supreme Court of India. Learned counsel has further submitted that so far as the order dtd. 7/4/2016 (Annexure P-3) is concerned, it has attained finality. As such, the present writ petition filed by the petitioner is liable to be allowed in terms of order dtd. 7/4/2016 (Annexure P-3).

(3.) Mr. Anil Jaswal, learned Additional Advocate General, has opposed the petition, but has failed to controvert the fact that the order dtd. 7/4/2016 (Annexure P-3) has been upheld by the Hon'ble Supreme Court of India.