HARINDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) By this judgment, we propose to dispose of C. W. P. No. 542 of 1995 as well as C. Ws P. No. 981 of 1995. Facts of both these cases are given hereinafter. C.W.P No 542 of 1995:

(2.) Janta Middle School, Urla, Tehsil Jogindernagar was upgraded to High School vide notification dated 14 9 -1992 (Annexure PT) issued by respondent 1. Further facts as revealed from the petition are that this school was a Government Aided and Recognised School Petitioners 1 to 4 had been engaged on different dates as teachers in this school and petitioner 5 had been engaged as Peon in this school. Initially petitioners 1 and 2 joined as Assistant Teachers in the year 1987. After petitioners 1 and 2 had acquired the qualification of B. Ed in the year 1990 and 1992 respectively, their names were sponsored by Sub -Employment Exchange, Jogindernagar, These petitioners were duly interviewed by the Selection Committee and were appointed as Trained Graduate Teachers in the year 1992, Vide Annexure PA, petitioner 1 passed a degree of B. Ed. with English and Social Studies as subjects. Similarly vide Annexure PB, petitioner 2 passed the degree of B. Ed with English and Mathematics as subjects. Requisition appears to have been sent (Annexure PQ) by respondent 4 to the Sub -Employment Exchange, Jogindernagar for sponsoring the names of suitable candidates as there was a post lying vacant in Government Aided School, Urla and in response thereto (Vide Annexure PD), name of petitioner 1 was sponsored. Thereafter it appears that vide Annexure PE name of petitioner 2 was also sponsored alongwith other candidates Both these petitioners were duly selected by the Selection Committee and were appointed as Trained Graduate Teachers. Petitioner 1 submitted his joining report on 2 -5 -1992 (Annexure PH) and petitioner 2 submitted his joining report on 18 -11 -1993 (forenoon). This was followed by two applications seeking approval for the post of Trained Graduate Teacher (Arts) submitted by respondent 4 in respect of petitioner 1 (Annexure PJ), and in respect of petitioner 2 (Annexure PK) addressed to respondent 3.

(3.) Petitioner 3 is a B. Sc. (Non -Medical) and he acquired the degree of B Ed. in the year 1993 vide Annexure PL, and again it appears that requisition was sent in response thereto vide Annexure PM Names of candidates were sponsored by the Sub -Employment Exchange, Jogindernagar. For the purpose of conducting interviews to the post of B. Sc , B. Ed. (Non -Med ), respondent 3 was requested vide Annexure PN to preside over or send any representative for the said interviews which was fixed for 3 2 1993. Respondent 3 was further informed that interview letters have already been issued to all the candidates as per list sponsored by the Sub -Employment Exchange, Jogindernagar. Respondent 3 neither cared to preside over, nor sent any representative for the interviews. Petitioner 3 was duly selected as Trained Graduate Teacher, B. Sc. (Non -Med,) and he submitted his joining report on 4 -1 -1992 (forenoon). Petitioner 4 is a Graduate Shastri. Since the vacancy was there, again requisition appears to have been sent for sponsoring the names of suitable candidates. Number of candidates were sponsored as is evident from Annexure PQ, letter from Sub -Employment Exchange, Sundernagar addressed to respondent.