SUNITA KUMARI Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner, by way of present writ petition, has sought a direction to the respondents to consider her for appointment as Clerk, with effect from the date when other similarly situated staff members working in Indra Memorial Sanahi, District Hamirpur, were given appointments with all consequential benefits.

(2.) Shorn of unnecessary details, brief facts of the case are that the petitioner was appointed as Clerk on 12/9/1988 in the privately managed school in the name and style as Indra Memorial Sanahi, District Hamirpur, Himachal Pradesh. As per the pleadings in the writ petition, the respondents-State had issued notification on 12/1/1990, whereby the privately managed school was taken over by the State Government and after the intervention of the erstwhile learned Himachal Pradesh State Administrative Tribunal, the services of other staff of the school were taken over and Sh. Ramesh Chand, TGT (Arts) and Sh. Karan Singh, Peon-cum-Chowkidar were offered appointments. However, the petitioner was discriminated and ignored for appointment as Clerk by the respondents-State.

(3.) The petitioner had earlier instituted an Original Application before the erstwhile Himachal Pradesh State Administrative Tribunal, which was registered as OA No. 34 of 1995, for taking over of her services. However, after abolition of the Tribunal, the matter was transferred to this Court and was registered as CWP(T) No. 2401 of 2008, titled, Sunita Kumari versus The State of Himachal Pradesh and others.