KIRAN MAI Vs. STATE OF H.P.

JUDGEMENT

(1.) ORDER Present civil writ petition filed under Section 226 of the Constitution of India. Brief facts of the case as pleaded are that elections of PTA were held for the year 2004 -05 in Government High School Beetan Tehsil Haroli District Una HP. It is further pleaded that vide resolution dated 16.6.2004 petitioner namely Kiran Mai was engaged as language teacher as per remuneration of Rs. 1700/ - per month to be paid out of PTA fund vide Annexure P -4. It is further pleaded that thereafter petitioner worked continuously without any break in the school. It is also pleaded that petitioner was asked not to come to school and petitioner represented her case to respondent Nos. 4 and 5 i.e. Headmaster Government High School and the President Parents -Teachers Association Government High School Beetan Tehsil Haroli District Una for grant -in -aid but the same has not been decided till date. It is further pleaded that respondents be directed to release grant -in -aid w.e.f. 2004 immediately and further pleaded that respondents be also directed not to dispense with services of petitioner.

(2.) PER contra reply filed on behalf of the respondents pleaded therein that petitioner was not engaged against the post of language teacher as per procedure and norms and further pleaded that petitioner was not engaged as per Recruitment and Promotion Rules prevalent at the time of her appointment. It is further pleaded that petitioner was engaged by PTA Committee of Government High School as stop gap arrangement on temporary basis by way of passing a simple resolution. It is further pleaded that claim of the petitioner for continuation on the post of language teacher is not justified and is contrary to law. It is further pleaded that as petitioner was not engaged as per procedure and norms and was not engaged as per Recruitment and Promotion Rules and her services are rightly terminated by PTA Committee of Government High School Beetan, Tehsil Haroli District Una. Prayer for dismissal of writ petition sought.

(3.) FOLLOWING points arise for determination in this civil writ petition: -