High Court Of Himachal Pradesh
KAMLESH SHARMA,SURINDER SARUP
SAROJ SHARMA - Appellant
Versus
STATE OF HIMACHAL PRADESH - Respondent
CWP No. 300 of 1998
Decided On : 01/01/1999
Ms. Kamlesh Sharma, A.C.J.—In the above writ petition, the petitioner is aggrieved by the Notification dated 15.5.1998 (Annexure P-I) whereby in exercise of the powers conferred by Section 20 of the Himachal Pradesh General Clauses Act, 1968 (hereinafter called the Act’), the Notification dated 17.12.1997 (Annexure P-B) purported to have been issued under Section 3 of the H.P. State Commission for Women Act, 1997 (hereinafter referred to as Act No. 22 of 97) was rescinded.
2. By the Notification dated 17.12.1997 (Annexure P-B), the Governor, Himachal Pradesh was pleased to constitute the H.P. State Commission for Women of which the petitioner was appointed as Chairperson besides two other ladies as Members. Assailing the Notification dated 15.5.1998 (Annexure P-I), the petitioner has sought for the following reliefs: “(i) That the impugned Annexure P-I, dated 15th May, 1998 may be quashed and set aside; (ii) That the respondents may be directed to enforce/implement Annexure P-B, dated the 17th December, 1997 in letter and spirit and to permit the petitioner to discharge the duties of Chairperson of the H.P. State Commission for Women for a period of three years; (iii) That this Honble Court may declare the H.P. State Commission for Women Act, 1996 as having come into force from the date it has received the assent of the President of India or in the alternative the respondent-State may be directed to appoint a date for enforcement of the H.P. State Commission for Women Act, 1996 forthwith; (iv) That this Honble Court may kindly declare the constitution of the State Commission for Women, vide Annexure P-B, valid and the respondents may be restrained from reconstituting the Commission; (v) That the respondents may be directed to pay the petitioner the salary and allowances @ Rs. 10,000/- per month w.e.f. 26.12.97 with interest @ 18% p.a.; (vi) That the respondent-State may be directed to frame the Rules as covered under Section 21 of the H.P. State Commission for Women Act, 1996 and also to settle the terms and conditions of the petitioner with regard to salary/honorarium and allowances, etc. including providing of Government accommodation; (vii) That the respondents may be directed to provide infrastructure to the H.P. State Commission for Women for its smooth functioning for carrying out the mandatory provisions of the H.P. State Commission Act, 1996; (viii) That the respondents may be restrained from appointing new Chairperson of the H.P. State Commission for Women; (ix) That the respondents may be directed to produce the entire record pertaining to the Constitution of the H.P. State Commission for Women as also the record of the case for allotment of Government accommodation to the petitioner for the kind perusal of this Honble Court....".
3. So far as the factual matrix of the case is concerned, there is no dispute that Act No. 22 of 97 was passed by the H.P. Legislative Assembly and thereafter, it received the assent of the President on 9.10.1997. According to sub-section (3) of Section 1 of Act No. 22 of 1997, it shall come into force on such date as the State Government may, by notification in the official Gazette, appoint. Admittedly, no such date has been appointed by the State Government by issuing the requisite Notification and the Act has not come into force. But, in anticipation, the Governor, Himachal Pradesh was pleased to accord sanction for creation and filling in of temporary posts for the office of the Womens Commission as stated in the letter dated 28.10.1997 written by the Commissioner-cum-Secretary (Welfare) to the Government of Himachal Pradesh to the Director, Social and Womens Welfare, Himachal Pradesh. Thereafter, Notification dated 17.12.1997 was issued whereby the Governor of Himachal Pradesh constituted the H.P. State Commission for Women with immediate effect, of which the petitioner was appointed as Chairperson and two other ladies mentioned therein as Members. In pursuance to the Notificati
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.