High CourtsDivision Bench(2010) 11 SHI CK 0401

Kalpana Sharma vs Harbinder Kaur and Others

High Court Of Himachal Pradesh · Decided on 11 November 2010

HON’BLE JUDGES
Kurian Joseph, C.J · V.K. Sharma, J
CASE NUMBER
LPA No. 107 of 2010

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Judgment

5 paragraphs · 276 words

Kurian Joseph, C.J.—This appeal is filed against the judgment, dated 28.6.2010, passed in, titled Harbinder Kaur v. Secretary, Technical Education and Ors. CWP No. 2853 of 2008.

2.

On 20.9.2010, this Court passed the following order:

After having heard the learned Counsel for the Appellant and first Respondent as well as the learned Deputy Advocate General, it has come out that there is one vacancy in I.I.T., Dharamshala. We are informed that pursuant to the judgment under appeal, the Appellant has been terminated from service. However, the writ Petitioner has not been appointed. There will be a direction to the Respondents to forthwith appoint the writ Petitioner as Trainer Embroidery & Needle work at Dharamshala. The appointment shall be 2 given effect retrospectively with the effect from the date of appointment of the Appellant herein. However, the writ Petitioner shall not be entitled to any salary for the period, but the service shall be counted for all other purposes.

2.

Since there is a post available at Dharamshala and since the Appellant herein had worked for around two years as Trainer Embroidery & Needle Work, there will be a direction to Respondents No. 2 and 3 to appoint the Appellant as a fresh appointee subject to further orders in the appeal.We make it clear that since Appellant has actually worked in the post, there shall be no recovery of the salary actually paid to her and the Appellant shall not be entitled to any other service benefits in respect of said service.

3.

The learned Counsel appearing for both the sides submit that no further orders are required in this appeal. Therefore, the appeal stands closed.