Pavnesh Kumari vs State Of H.P. Through Its
2021 Latest Caselaw 5040 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
             ON THE 25TH DAY OF OCTOBER, 2021




                                                         .

                         BEFORE
       HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN





                              &
            HON'BLE MR. JUSTICE SATYEN VAIDYA


            CIVIL WRIT PETITION NO. 4273 of 2021





Between:­


1. PAVNESH KUMARI, W/O SH.
DINESH     SHARMA,
                    r VPO

BAIJNATH, TEHSIL BAIJNATH,
DISTRICT          KANGRA,
HIMACHAL PRADESH.


2. BABITA THAKUR, W/O SH.
VIJAY KUMAR, RESIDENT OF
VILLAGE     BHAILLA,   P.O.




CHAMIRU,    TEHSIL    LAD
BHAROL, DISTRICT MANDI,





HIMACHAL          PRADESH.
PRESENTLY    WORKING    AS
LECTURER HISTORY AT GOVT.





SEN. SEC. SCHOOL HARABAG,
TEHSIL     JOGINDERNAGAR,
DISTRICT MANDI, H.P.

3. NAGESH KUMAR S/O SH.
CHAMARU RAM, RESIDENT OF
VILLAGE   ROPAROO,   P.O.
BHARAROO,         TEHSIL
JOGINDER NAGAR, DISTRICT
MANDI, HIMACHAL PRADESH.
PRESENTLY   WORKING   AS
LECTURER ECONOMICS AT
GOVT. SEN. SEC. SCHOOL




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SUDHAR, TEHSIL PADHAR,
DISTRICT MANDI, H.P.




                                                  .

4. RAJESH KUMAR SHARMA,
S/O   SH.   J.C.   SHARMA,
RESIDENT OF DURGA NIWAS





VPO BIR, TEHSIL BAIJATH,
DISTRICT           KANGRA,
HIMACHAL          PRADESH.
PRESENTLY    WORKING    AS
LECTURER MATHEMATICS AT




GOT.   SEN.  SEC.   SCHOOL
BAHADPUR, TEHSIL INDORA,
DISTRICT KANGRA, H.P.

5. ANJU RANI, W/O SH. SUNIL

KUMAR,    VOP     BHARARU,
TEHSIL JOGINDER NAGAR
DISTRICT MANDI, HIMACHAL
PRADESH.         PRESENTLY



WORKING AS TGT ARTS AT
GOVT. SEN. SEC. SCHOOL
MAJHERNA,            TEHSIL




BAIJNATH,          DISTRICT
KANGRA, H.P.





6. SHESH PAUL, S/O SH. BHURI
SINGH,      RESIDENT      OF





VILLAGE     LAUNGHA,     P.O.
ROPARI­KALEHARU,      TEHSIL
JOGINDER NAGAR, DISTRICT
MANDI, HIMACHAL PRADESH.
PRESENTLY WORKING AS TGT
ARTS    AT   GOVT.   MIDDLE
SCHOOL ROPARI KALEHARU,
U/c GOVT. HIGH SCHOOL
JOGINDER NAGAR, DISTRICT
MANDI, H.P.

                                         ...PETITIONERS




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(BY SH.   VIKAS          RAJPUT,
ADVOCATE)




                                                                .

1. STATE OF H.P. THROUGH ITS
SECRETARY EDUCATION TO
THE GOVT. OF HIMACHAL





PRADESH, SHIMLA, H.P.

2. DIRECTOR OF HIGHER
EDUCATION,    DIRECTORATE





OF EDUCATION, SHIMLA, H.P.

3. DIRECTOR OF ELEMENTARY
EDUCATION,    DIRECTORATE

OF EDUCATION, SHIMLA, H.P.

                                                      ...RESPONDENTS


MR. ASHOK SHARMA, ADVOCATE



GENERAL WITH MR. RAJINDER DOGRA,
SR. ADDITIONAL ADVOCATE GENERAL,
MR. SHIV PAL MANHANS, MR.HEMANSHU




MISHRA, ADDITIONAL ADVOCATE
GENERALS, & MR. BHUPINDER THAKUR,





DEPUTY ADVOCATE GENERAL,
_____________________________________________________________





                   This petition coming on for orders this day

Hon'ble Mr. Justice Tarlok Singh Chauhan, delivered the

following:­
                  ORDER

The present petition has been filed for the grant

of following substantive reliefs:­

a. That the writ in the nature of mandamus or any other appropriate writ order or directions may kindly

.

be issued directing the respondents to regularize the services of all the petitioners by taking into

consideration their initial engagement by counting the break in service occurred on account of illegal termination and such period may be counted for all intends and purposes

to including the seniority and consequential benefits in view of the law laid down

by the Hon'ble High Court of Himachal Pradesh in

CWP(T) No. 5253/2008 vide judgment dated 21.04.2010 ( Annexure P­7) as upheld by the learned

Division Bench of the HOnlble Court in LPA No. 146 /2010 ( Annexure P­8) with all consequential

benefits.

b. That in alternate petitioners may also be extended same benefits which has been granted to

their juniors and other counter part as per order dated 17.12.2020 ( Annexure P­9) on basis of judgment rendered in OA No. 4489 of 2018 alongwith all consequential benefits.

2. Relief as claimed by petitioners No. 1 to 4 has been

granted in their favour by the Director of Higher Education. As

regards the claim of petitioners No. 5 and 6, who are working as

TGT Arts, the said claim is to be considered by the Director of

.

Elementary Education i.e. respondent No.3.

2. According, the present petition is disposed of by

directing the respondents to place on record the consideration

order within a period of two weeks.

For this purpose, to come up on 08.11.2021.

(Tarlok Singh Chauhan) Judge

( Satyen Vaidya ) Judge

October 25, 2021 (sushma)