LAWS(HPH)-2016-4-93

KAMLESH KUMARI Vs. STATE OF HP & ORS

Decided On April 21, 2016
KAMLESH KUMARI Appellant
V/S
State Of Hp And Ors Respondents

JUDGEMENT

(1.) This writ petition has been filed with the following prayer.

(2.) The petitioner's case in nut shell is that in the year 2002, she was appointed as a Language Teacher by the then Parent Teacher Association, which has now been replaced by the School Management Committee (hereinafter referred to as 'SMC'). Earlier to that, she had in 1985 qualified Prabhakar, thereafter in 1992 had passed MA (Hindi) and thereafter in the year 1994 had qualified B.Ed. The precise grievance of the petitioner is that after coming into force the Grant -in -Aid Rules 2006, despite her being fully eligible and entitled for the grant, the respondents have illegally denied her the same. Not only this, the respondents instead of providing grant -in - aid to the petitioner, on the basis of the recommendations of the School Management Committee, re -advertised the post, which constrained her to file CWP No.8853 of 2014. This court initially passed orders of status quo and eventually the petition was disposed of directing the respondents to take a decision with respect to continuance of the petitioner and such like teachers.

(3.) The petitioner claims herself to be working as a Language teacher and continuously teaching the students of classes 6th to 10th since June, 2002 and despite a passage of more than 13 years, is being paid a meager honorarium, only on the sheer strength of unequal bargaining power and claims to have been exploited, compelling her to approach this court.