Sh. Narender Singh vs State of H.P.

Justice Kurian Joseph, C.J.—The writ petition is filed with the following prayer:

a) That a writ in the nature of mandamus may kindly be issued to consider the candidature of the petitioner to appoint/take back the services of the petitioner as Lecturer History on PTA basis in the same place i.e. Government Senior Secondary School, Khuhan, District Mandi as Lecturer History, which post is lying vacant.

In the reply filed by the Director of Higher Education, it is stated at paragraph-3 as follows:-

That the PTA Committee of GSSS Khuhan engaged the services of the petitioner without any publicity and at the time of interview he was only candidate. The services of the petitioner were terminated on the basis of complaint made by Sh. Umesh Kumar. Feeling aggrieved on the termination he filed writ petition No. 1025 of 2009 which was finally disposed of by the Hon''ble High Court vide judgment dated 18.3.2010. According to the judgment passed by the Hon''ble Court petitioner was directed to approach to the enquiry committee for fresh findings in the matter. Services of the petitioner were again terminated on 03-07-2009 due to the joining of regular incumbent as the services of the PTA Teachers are temporary measure. Petitioner, without approaching the enquiry committee, filed another CWP No. 3462 of 2010 which was finally disposed of by the Hon''ble Court on 26.06.2010. Petitioner was not re-engaged as the private respondent Sh. Vijay Kumar was not willing to work elsewhere. Petitioner filed on more CWP No. 2981/2012 before this Hon''ble Court which was finally disposed on 30-04-2012. According to this judgment, petitioner can not be termed as eligible candidate without fresh findings of enquiry committee as directed by the Hon''ble court in CWP No. 1025/2009.

It is quite unfortunate that the petitioner was advised to file successive writ petitions. So long as the judgment in CWP No. 1025 of 2009 has not been implemented, there was no point in filing the subsequent writ petitions.

The question of engagement of the petitioner as PTA arises only in case there is vacancy in GSSS Khuhan in District Mandi. Even for that, the PTA inquiry committee as per new guidelines has to hold that his selection was otherwise proper. The Chairman of the PTA inquiry committee is not on the party array. Be that as it may. There will be a direction to the SDO concerned to conduct an appropriate inquiry as per the directions of this Court in CWP No. 1025 of 2009 within a period of four months from the date of production of a copy of this judgment before the SDO concerned. In case the inquiry committee holds in favour of the petitioner and in case there is vacancy available at GSSS Khuhan, the petitioner will be engaged by the 3rd respondent. The writ petition is disposed of, so also the pending application(s), if any.

Authenticated copy.