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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SANDEEP SHARMA
Darshana Kumari – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Sandeep Sharma, J.)
By way of instant writ petition, petitioner has prayed for following main reliefs:
(i) To issue a writ in the nature of certiorari quashing the impugned order dated 14.1.2020 as being illegal, arbitrary, and unconstitutional and against the principles of natural justice.
(ii) To issue a writ in the nature of mandamus directing the respondents to give the petitioner a joining on the post of PGT, History on PTA basis with due and consequential benefits.”
2. Key facts relevant for the adjudication of the case at hand are that the petitioner, who holds a Master’s Degree in History was appointed as Post Graduate Teacher (History) in Govt. Senior Secondary School, Lyhl, District Chamba, Himachal Pradesh, on PTA (GIA) basis in June 2006 In this capacity, the petitioner kept on discharging her services in given school till 16.7.2015 whereafter, she stopped coming to the school on account of her family circumstances. Vide office order dated 26.9.2016 Annexure P/2, Principal, GSSS Lyhl, while calling upon petitioner to submit explanation for her absence also asked her to join duties within 10 days from the receipt of the order. Though after having received aforesai
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Termination of a probationary employee is lawful if principles of natural justice are followed and performance is deemed unsatisfactory.
Violation of principles of natural justice and the need for the new incumbent to make way for the reinstated employee.
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