SAROJ SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In the above writ petition, the Petitioner is aggrieved by the Notification dated 15.5.1998 (Annexure P-1) whereby in exercise of the powers conferred by Section 20 of the Himachal Pradesh General Clauses Act, 1968 (hereinafter called 'the Act'), the Notification dated 17.12.1997 (Annexure P-B) purported to have been issued under Section 3 of the H.P. State Commission for Women Act, 1997 (hereinafter referred to as Act No. 22 of 97) was rescinded.

(2.) By the Notification dated 17.12.1997 (Annexure P-B), the Governor, Himachal Pradesh was pleased to constitute the H.P. State Commission for Women of which the Petitioner was appointed as Chairperson besides two other ladies as Members. Assailing the Notification dated 15.5.1998 (Annexure P-I), the Petitioner has sought for the following reliefs:

(3.) So far as the factual matrix of the case is concerned, there is no dispute that Act No. 22 of 97 was passed by the H.P. Legislative Assembly and thereafter, it received the assent of the President on 9.10.1997. According to Sub-section (3) of Section 1 of Act No. 22 of 1997, it shall come into force on such date as the State Government may, by notification in the official Gazette, appoint. Admittedly, no such date has been appointed by the State Government by issuing the requisite Notification and the Act has not come into force. But, in anticipation, the Governor, Himachal Pradesh was pleased to accord sanction for creation and filling in of temporary posts for the office of the Women's Commission as stated in the letter dated 28.10.1997 written by the Commissioner-cum-Secretary (Welfare) to the Government of Himachal Pradesh to the Director, Social and Women's Welfare, Himachal Pradesh. Thereafter, Notification dated 17.12.1997 was issued whereby the Governor of Himachal Pradesh constituted the H.P. State Commission for Women with immediate effect, of which the Petitioner was appointed as Chairperson and two other ladies mentioned therein as Members. In pursuance to the Notification dated 17.12.1997, the Petitioner wrote to the Chief Secretary to the Government of Himachal Pradesh on 3.1.1998 (Annexure P-C) that she has assumed the charge as Chairperson of the H.P. State Commission for Women 26.12.1997 and requested that she may be allotted Government accommodation as per her entitlement at the earliest. By another Notification dated 17.1.1998 (Annexure P-D) the Governor, Himachal Pradesh, ordered that Sh. Krishan Lal, HAS, Joint Director, Social and Womens Welfare, Himachal Pradesh will. function as the Member Secretary to the H.P. State Commission for Women with immediate effect. But later on, by Notification dated 28.4.1998 (Annexure P-F) he was relieved and in his place the Under-Secretary, H.P. Backward Classes Commission, Shimla, was given additional charge of the Member-Secretary of the H.P. State Commission for Women with immediate effect. In the meantime, it was also ordered by Notification dated 16.2.1998 (Annexure P-E) that the Chairperson of the H.P. State Commission for Women will function as the Head of Department. The Petitioner has also placed on record communications dated 1.5.1998 and 6.5.1998 (Annexures P-G and P-H) exchanged between her and the Commissioner-cum-Secretary (Welfare) to the Government of Himachal Pradesh for taking accommodation on rent for her official residence at Shimla. But, before anything could materialize, the appointment of the Petitioner as Chairperson was put to an end as a result of the impugned Notification dated 15.5.1998 (Annexure P-I).