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2022 Supreme(HP) 706

A. A. SAYED, JYOTSNA REWAL DUA
State of H. P. – Appellant
Versus
Pooja – Respondent


Advocates Appeared:
For the Appellants :Mr. R.P. Singh, Deputy Advocate General.
For the Respondents:Mr. K.D. Shreedhar, Senior Advocate with Ms. Sneh Bhimta.

JUDGMENT :

Jyotsna Rewal Dua, J.

Writ petitioner was a left out Lecturer (College Cadre) in a private college, whose service was not taken over by the State. The State contended that the writ petitioner did not satisfy educational criteria required for taking over her services. Learned Single Bench allowed the writ petition and directed the State to take over petitioner’s services from due date (09.11.2005) alongwith seniority, but without back wages. The judgment was not interfered by the Division Bench in the appeal filed by the State. However, review petition filed by the State was allowed on the ground that whether the writ petitioner possessed requisite educational qualification or not was an aspect to be determined by the Appellate Court. The appeal, restored to its original number, has been taken up for hearing.

2. Facts:-

2(i). Writ petitioner was appointed as Lecturer (Commerce) (College Cadre) in Maharaja Sansar Chand Memorial (MSCM) College Thural, District Kangra. Vide notification issued on 09.11.2005, the college was taken over by the State Government. Services of its teaching and nonteaching staff were also taken over under a separate notification issued on 18.10.2006. W

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