RAJ KUMARI Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioner, who is a Parent Teacher Association (PTA) appointee, is presently working as Lecturer in Economics in Government Senior Secondary School, Arsu, Tehsil Nirmand, District Kullu, H.P., since 21.04.2007 (Experience Certificate Annexure P -6), has filed the present petition under Article 226 of the constitution on the following substantive prayer vide para 12(i): -

(2.) SOME background facts may be noticed first. The petitioner was initially appointed as PTA Lecturer in Economics in Government Senior Secondary School, Samej 15/20, District Kullu (H.P.), vide order dated 15.9.2004, Annexure P -1. While she was working as such fresh interviews were held on 22.5.2006, when she was again selected vide Annexure P -2. However, according to the petitioner, in the meanwhile, a regular appointee, namely Shri Bishan Dass, was ordered to be posted as Lecturer Economics in her place vide order dated 21.06.2006, Annexure P -3, in violation of the Government instructions dated 13.5.2006, forming part of Annexure P -3. On representation to the Hon'ble Chief Minister by the petitioner, she was allowed to continue vide communication dated 11.09.2006, Annexure P -4, addressed to the Director of Education (Secondary), Himachal Pradesh. Accordingly, she submitted joining vide letter dated 30.09.2006, which has also been marked as Annexure P -4.

(3.) NOW , vide letter dated 16.08.2013, Annexure P -7, the State Government has decided to take over the services of the 'PTA (GIA Rules 2006) provided teachers with eight years service on contract basis'. The case of the petitioner is that due to non -acceptance of her joining by respondent No.4 at Government Senior Secondary School, Samej, she could not complete eight years continuous service, which is the sole criteria for taking over services of PTA appointees on contract basis.