High CourtsDivision Bench(2022) 12 SHI CK 0100

Sushma Kumari Nadda vs State Of H.P

High Court Of Himachal Pradesh · Decided on 28 December 2022

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Virender Singh, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 8941 Of 2022

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Judgment

11 paragraphs · 302 words

Tarlok Singh Chauhan, J

1.

Notice. Mr. Bhupinder Thakur, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondent.

2.

The instant petition has been filed for grant of the following substantive reliefs:

“i That in view of the facts and circumstances mentioned hereinabove in this writ petition, the writ petition may kindly be allowed and the impugned Notification dated 8.12.2022 contained in Annexure P-2 may kindly be quashed and set aside.

ii. That the respondent Department may kindly be directed to allow the petitioner to join at GSSS Chandpur pursuant to Notification dated 14.10.2022, Annexure P-1.”

3.

The petitioner vide notification dated 14.10.2022 was given the charge of the post of Principal (School Cadre) and posted against vacancy at Chandpur, Bilaspur, that was to fall vacant on 31.12.2022. However, before the said date, the respondent vide Notification dated 8.12.2022 directed the petitioner to join at GSSS, Kot, Bilaspur against vacancy being caused on 31.12.2022.

4.

The specific case of the petitioner is that there is no vacancy at GSSS, Kot as the post in question stands occupied by one Joginder Pal on 1.12.2022.

5.

This fact has been duly verified by the learned Advocate General, who, on instructions, states that indeed there is no vacancy at GSSS, Kot.

6.

In the given facts and circumstances of the case, obviously, once the petitioner cannot join at GSSS, Kot, then only option left with the petitioner is to join at GSSS, Chandpur pursuant to the initial order that was passed on 14.10.2022.

7.

Accordingly, the instant petition is disposed of by directing the respondent to permit the petitioner to join at GSSS, Chandpur against vacancy being caused on 31.12.2022.

8.

Pending application(s), if any, also stands disposed of. The parties are left to bear with their own cost.