Gian Chand and Others vs State of H.P. and Others

Justice Sanjay Karol, J.—Petitioners have prayed for the following reliefs:-

(a) to issue a writ of mandamus, appropriate writ, order or direction in nature thereof, directing the respondent department to fill up the backlog of ex-servicemen quota in district Mandi to the admitted extent of 28 posts with all the consequential benefits wef the due dates;

(b) to issue an appropriate writ, order or direction in nature thereof to give full justice to the petitioners in the circumstances of the case and may pass such further writ, order or orders as this Hon''ble Court may deem fit, proper, just and expedient in the circumstances of the case; and

(c ) to award the costs of this writ petition to the petitioner;

According to the respondents-State, only four posts of ex-servicemen quota, as per roster point, are lying vacant in District Mandi. It appears that this contention now raised is incorrect. As per information supplied by the Deputy Director, Elementary Education, Mandi, under the provisions of RTI Act, 2005 (Annexure P-5), 28 posts are lying vacant which are required to be filled up from the ex-servicemen category, out of these, 4 posts alone are to be filled up by OBC Certificate Holders and the remaining posts are to be filled up from other categories i.e. General (18), SC (4) ST (2) all belonging to ex-servicemen.

Significantly, petitioners had approached this Court by way of CWP No.4574/2005 titled Gian Chand Versus State of H.P., wherein direction was issued to Principal Secretary, Elementary Education to decide grievances, pursuant to which, decision (dated 17.7.2010) has now been taken by the Government to fill up 200 posts of Drawing Masters in Education Department all over the State and out of which 100 posts are to be filled up through Staff Selection Commission, Hamirpur and 100 posts on batch wise basis, including ex-servicemen, are to be filled up as per their "due quota". As per the information furnished by the Deputy Director, Elementary Education, these posts are to be filled up as per existing roster.

As such, there shall be direction to the respondents-State to fill up the posts in question, in accordance with law, and as per existing roster within a period of three months from the date of receipt of certified copy of the judgment.

With the aforesaid observations, present petition stands disposed of, so also the pending application(s), if any