State Of Himachal vs Suneel Kumar
2022 Latest Caselaw 3761 HP

                           1




    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
              ON THE 25th DAY OF MAY, 2022
                        BEFORE




                                                      .

             HON'BLE MRS. JUSTICE SABINA,
                ACTING CHIEF JUSTICE
                          &





          HON'BLE MR. JUSTICE SATYEN VAIDYA


            LETTERS PATENT APPEAL NO.59 OF 2021





         Between:-

    1.   STATE OF HIMACHAL

         PRADESH, THROUGH ITS
         PRINCIPAL SECRETARY

         EDUCATION TO THE
         GOVERNMENT OF HIMACHAL
         PRADESH, SHIMLA-171002.
    2.   THE DIRECTOR OF HIGHER



         EDUCATION, HIMACHAL
         PRADESH, SHIMLA-2.
    3.   DEPUTY DIRECTOR OF




         HIGHER EDUCATION, MANDI,
         DISTRICT MANDI, H.P.





    4.   SELECTION COMMITTEE OF
         PARA TEACHER, THROUGH
         ITS CHAIRMAN SUB





         DIVISIONAL MAGISTRATE,
         MANDI, TEHSIL SADAR &
         DISTRICT MANDI, H.P.
    5.   PRINCIPAL, GOVERNMENT
         SENIOR SECONDARY SCHOOL
         SHIVA BADAR, TEHSIL SADAR
         & DISTRICT MANDI, H.P.              ....APPELLANTS




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         (BY MR. ASHWNI K. SHARMA,
         ADDITIONAL ADVOCATE
         GENERAL)




                                                        .
         AND





    1.   SUNEEL KUMAR, SON OF SHRI
         KISHAN SINGH, RESIDENT OF
         VILLAGE MANYANA, POST





         OFFICE TILLI, TEHSIL SADAR,
         DISTRICT MANDI, H.P.                 ....RESPONDENT

    2.   SHRI TARA CHAND, SON OF




         SH. KAUL CHAND,
         PRESENTLY WORKING AS
         D.P.E. IN GOVERNMENT
         SENIOR SECONDARY

         SCHOOL, SHIVABADAR,

         TEHSIL SADAR & DISTRICT
         MANDI, H.P.
    3.   VEENA, DAUGHTER OF SH.
         MOHINDER SINGH, RESIDENT


         OF VILLAGE PANJEHTI, POST
         OFFICE TALYAHAR, TEHSIL
         SADAR DISTRICT MANDI, H.P.
    4.   KUSH VAIDYA, SON OF SH.




         JAGDISH VAIDYA, PRESENTLY
         WORKING AS P.E.T. IN





         GOVERNMENT HIGH SCHOOL
         BAGGI TUNGAL, TEHSIL                    ....PROFORMA





         SADAR DISTRICT MANDI, H.P.             RESPONDENTS

         (MR. DALIP KUMAR SHARMA,
         ADVOCATE, FOR R-1)

    __________________________________________________




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                 This Letters Patent Appeal coming on for hearing
    this day, Hon'ble Mrs. Justice Sabina, delivered the
    following:
                            JUDGMENT

.

Appellant has filed this Letters Patent Appeal,

challenging the order dated 04.01.2020, passed by the learned

Single Judge, whereby writ petition filed by the respondent was

allowed.

2. Mr. Ashwani K. Sharma, learned Additional

Advocate General, has submitted that the learned Single Judge

fell in error in allowing the writ petition filed by the respondent.

The respondent was not entitled to the relief claimed by him.

3. Mr. Dalip Kumar Sharma, learned counsel for the

respondent, on the other hand, has opposed the appeal and

has submitted that the respondent was fully eligible for the post

of DPE. As per information received by the respondent, post of

DPE was lying vacant in Government Senior Secondary

School, Shiva-Badar, w.e.f. 14.06.2019. Respondent had been

selected in terms of communication dated 15.06.2004 for the

post of DPE but had not been issued any appointment letter.

4. Respondent had filed the Original Application before

the H.P. Administrative Tribunal (hereinafter referred to as the

"Tribunal" in short), seeking the following relief:-

.

"(i) That writ in the nature of mandamus may kindly be issued directing the

respondent No.5 to accept the joining of the petitioner against the post of D.P.E. (Para Teacher) in Govt. Sr. Sec. School,

Shiva Badar, Tehsil Sadar, District Mandi, H.P. in light of Annexure P-3, since the post was lying vacant during

the year 2008-2009 and the petitioner

was appointed by the competent authority on 15.06.2004 as D.P.E. (Para

Teacher) in Govt. Sr. Sec. School Shiva Badar, but till date, he has not been given joining.

(ii) That writ in the nature of mandamus

may kindly be issued, directing the respondents to give seniority and other

economic benefits to the petitioner from 15.6.2004 since the petitioner was appointed by the competent authority on the said date being a meritorious in the merit, but the respondent department gave joining to other Para Teachers, who were in the waiting list, but the

petitioner has been deprived without any justification till date."

5. After the abolition of the Tribunal, the case was

.

transferred to this Court.

6. Learned Single Judge, vide the impugned order

dated 04.01.2020, allowed the writ petition filed by the

respondent.

7. Admittedly, in the year 2004, respondent was

selected for appointment to the post of D.P.E. but was not

issued any appointment letter. Consequently, respondent had

approached the Tribunal for redressal of his grievance.

8. It has been noticed by the learned Single Judge that

as per information received by the respondent vide

communication dated 13.12.2019, issued by Public Information

Officer-cum-Deputy Director of Higher Education, Mandi,

District Mandi, H.P., a post of D.P.E. was lying vacant in

Government Senior Secondary School Shiva Badar, w.e.f.

14.06.2019, on account of transfer of Yashwant Singh, D.P.E.

Since the respondent had been duly selected for appointment

to the post of D.P.E. , learned Single Judge rightly held that the

appellant-State was liable to appoint the respondent as D.P.E

and he would be entitled to service benefit on account of

appointment from the date of his joining. The order passed by

the learned Single Judge is just and fair and calls for no

.

interference.

9. Dismissed.

10. Pending miscellaneous application(s), if any, shall

also stand disposed of.

                       r         to                ( Sabina )

                                              Acting Chief Justice



                                                 ( Satyen Vaidya )
    May 25, 2022                                     Judge




    (Yashwant)