Yog Maya vs Downloaded On - 31/01/2022 ...
2021 Latest Caselaw 5331 HP

         IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                   ON THE 22nd DAY OF NOVEMBER, 2021
                                    BEFORE




                                                                      .
              HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN





                                        &
                   HON'BLE MR. JUSTICE SATYEN VAIDYA





     CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 7043 OF 2020
      Between:-

      YOG MAYA
      (RETIRED HEAD TEACHER, KATAULA)





      W/O SHRI KRISHN LAL BISHT,
      R/O HOUSE NO. 161/8, CHOBATTA BAZAR,
      MANDI, TEHSIL SADAR, DISTRICT MANDI HP.
                           r                                       ....PETITIONER

      (BY MR. S.P. CHATTERJI, ADVOCATE)

       AND

1.      THE STATE OF HP THROUGH
        SECRETARY (EDUCATION),
        GOVT. OF HIMACHAL PRADESH, SHIMLA-171002 HP.



2.      THE DIRECTOR OF ELEMENTARY EDUCATION,
        GOVT. OF HIMACHAL PRADESH, SHIMLA-171003 HP.




3.      THE DY. DIRECTOR OF ELEMENTARY EDUCATION,
        MANDI DISTRICT, MANDI HP.





4.      THE ELEMENTARY BLOCK EDUCATION OFICER,
        KATAULA TEHSIL KATAULA, DISTRICT MANDI HP.

                                                                ..RESPONDENTS





       (MR. ASHOK SHARMA, A.G. MR.
       RAJINDER DOGRA, SR. ADDL. A.G.,
       MR. VINOD THAKUR, MR. SHIV PAL
       MANHANS, MR. HEMANSHU MISHRA,
       ADDL. A.Gs AND MR. BHUPINDER
       THAKUR, DY. A.G)
       ________________________________________________________________________

              This petition coming on for orders this day, Hon'ble Mr. Justice

        Tarlok Singh Chauhan, passed the following:

                                   ORDER

The instant petition is filed for the grant of following substantive

reliefs:-

.

"a) That an order/direction may kindly be issued to the

respondents to determine and fix seniority of the applicant from her initial date of appointment i.e. 12.11.1964 by taking into account the service rendered during untrained

period.

b) That an order/direction be issued to the respondents to grant all consequential benefits, including retiral, to which

the applicant would be entitled on account of re-fixation of her seniority in the category of JBT of Mandi District."

2. Learned Additional Advocate General has placed on record

instructions dated 20th November, 2021, relevant portion whereof read

as under:-

"It have the honour to submit that above mentioned case

has been filed by the petitioner is pending adjudication

before this Hon'ble Court. In this regard it is submitted that

the benefit of promotion on notional basis as HT and CHT has

been extended to the petitioner by counting the untrained

period for seniority and other service benefits on the analogy

of judgment rendered by this Hon'ble Court in Civil Writ

Petition(T) No. 2205 of 2008. The matter regarding the

promotion of BEEO is being processed at the level of

department since creation of two supernumerary posts is

required."

3. Now, that the respondents have complied with the basic

judgment passed in CWP(T) No. 2205 of 2008 titled as Subhash

Chand and others vs. State of Himachal Pradesh and others,

decided on 24.03.2009. Therefore, the instant petition is disposed of

by directing the respondents to consider the claim of the petitioner for

promotion to the post of BEEO, as undertaken by them and report

.

compliance on 03.01.2022.

                                                (Tarlok Singh Chauhan)
                                                          Judge





    November 22, 2021                              ( Satyen Vaidya )
          (naveen)                                       Judge




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