Asha vs State Of Himachal Pradesh And Others

Mohammad Rafiq, CJ

This writ petition has been filed by petitioner Asha aggrieved by discontinuation from the post of PTA teacher at a time when respondent No.5 Asha Devi was posted in her place upon her being regularly selected by the Public Service Commission. The matter was originally filed before the H.P. State Administrative Tribunal, which was transferred to this Court in the year 2020 and remained pending since then.

Ms.Ritta Goswami, learned Additional Advocate General submits that petitioner, in any case, could not have been continued not just because the regularly selected candidate was transferred, but, also because she was not holding the eligibility qualification.

The learned counsel for the petitioner submitted that subsequently respondent No.5 has been transferred from Government Degree College, shimla to Jawaharlal Nehru Government Degree College of Fine Arts, Chaura Maidan, Shimla and therefore, the post on which the petitioner was earlier working is still lying vacant hence, the respondents be directed to consider the candidature of the petitioner.

If that be so, the petitioner can approach respondent No.1-the Secretary (Education) to the Government of Himachal Pradesh, who shall consider and decide application of the petitioner in this behalf alongwith a copy of this order within fifteen days, in accordance with law.

With the aforesaid observations, the writ petition is disposed of alongwith pending applications, if any.