Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Mani Devi – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. petitioner's claim for re-engagement (Para 2 , 3) |
| 2. opposition to re-engagement by respondents (Para 4 , 5 , 6) |
| 3. court's analysis of guidelines and merit of selection process (Para 8 , 9 , 10 , 11) |
| 4. conclusion and dismissal of the petition (Para 12) |
JUDGMENT :
Ajay Mohan Goel, J.
1. Mr. Pushpinder Jaswal, learned Additional Advocate General, accepts notice on behalf of the respondents.
2. By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:-
“a) That Writ in the nature of Certiorari may kindly be issued for quashing and setting aside appointment letter dated 04.03.2022 (Annexure P-5) issued by Respondent No.8
b) That Writ in the nature of Mandamus may kindly be issued directing the respondents to re-engage the services of the petitioner on the post of Mid Day Meal Worker in Government Senior Secondary School Shandal in terms of notification dated 23.02.2022 (Annexure P-3).”
3. The case of the petitioner is that he was initially engaged as a Mid Day Meal Helper in Government Primary School Shandal, Tehsil Rampur-Bushahr, District Shimla, H.P., in the month of April, 2007. She continued to serve there till June, 2010, when her servi
The court ruled that participation in the recruitment process is essential to challenge appointments, and amendments to guidelines cannot confer rights retroactively if prior engagement under those g....
Termination of PTA teacher's engagement without show cause notice, defying prior grant-in-aid directions, is arbitrary, violates natural justice and Article 14; mandates quashing and retrospective re....
Date of appointment for re-engagement eligibility under PTA policy is actual joining date, not initiation of selection process.
Intermittent service on daily wages cannot be considered as continuous service for the purpose of regularisation.
The court affirmed that employment contracts dictate the terms of service termination, emphasizing that budgetary concerns justify cessation under established contractual frameworks.
The court held that the petitioner was not entitled to re-engagement under the policy as she was appointed after the cutoff date and failed to justify the delay in filing her petition.
Guidelines lacking statutory force cannot retroactively invalidate prior appointments, and undue delay in seeking relief can bar claims.
Before mandamus can issue to a public servant it must therefore be shown that a duty towards the applicant has been imposed upon the public servant by statute so that he can be charged thereon, and i....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
