Parkash Chand vs State of H.P. and Others

Kurian Joseph, C.J.—The petitioner Parkash Chand son of Shri Mohar Singh is aggrieved since he has been relieved from Govt. Senior Secondary School, Dangar with a direction to join back at Govt. Senior Secondary School, Hallan. It appears that reshuffling has been done at the instance of respondent No. 4, who is also Prakash Chand but he is son of Shri Bhagwan Dass. The learned Counsel for 4th respondent, who is petitioner in CWP No. 3150 of 2010 submits that there is a vacancy at Govt. Senior Secondary School (boys), Ghumarwin and one vacancy is going to fall vacant on 30.6.2010 at Govt. Senior Secondary School, Jhalardi. We direct second respondent to accommodate Prakash Chand son of Sh. Bhagwan Dass in one of the aforesaid vacancy. Parkash Chand son of Sh. Mohar Singh shall be retained at Govt. Senior Secondary School Dangar. Parkash Chand son of Sh. Mohar Singh submits that he has been relieved on 16.6.2010 and until he joins back the school at Govt. Senior Secondary School, Dangar, this period may be treated as on duty. It is submitted that he does not have any leave to his credit since he has been regularized only on November, 2009. We may further clarify that the leave period shall be treated as duty period and the said period shall be adjusted against the leave accruing to the credit of the petitioner in service in future. As far as the accommodation of Prakash Chand son of Sh. Bhagwan Dass is concerned, in the light of above, second respondent shall pass appropriate order within three days from the date of production of copy of this order.