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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Lata Kumari – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
JIYA LAL BHARDWAJ, J.
1. By way of the present petition, the petitioner has prayed for the following substantive reliefs:
“(a) That the impugned Annexure A-1, may kindly be quashed and set aside and the respondents be directed to re- engage the applicant retrospectively with all consequential benefits in the same capacity, pay scale and place and the judgment passed by the Hon’ble High Court of HP may kindly be directed to be implemented in its letter and spirit.
(b) That in alternate the respondent may kindly be further directed to re-engage the applicant on any of the vacancies available in the schools in Distt. Bilaspur, H.P., as has already been allowed by the Hon’ble High Court of H.P.”
2. Shorn of unnecessary details, the key facts of the case are that the petitioner was appointed as Trained Graduate Teacher (TGT Science) in Government Senior Secondary School Gandhir, District Bilaspur, H.P. by respondents No.4 and 5 against a vacancy on 06.01.2006.
3. When the petitioner was not released the grant-in- aid w.e.f. 2006, the date of her appointment against vacancy, she had approached this Court by way of CWP No.8692 of 2012, titled, Lata Kumari vs. State of H.P. and other
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....
The court emphasized the need for fair reengagement practices for terminated employees, ruling that dismissal based on erroneous policy interpretation constitutes discrimination under Articles 14, 16....
The court held that a teacher in a private aided school, whose services were taken over by the state, is entitled to grant-in-aid for salary with payments limited to three years prior to filing due t....
Termination of temporary employees requires adherence to natural justice principles, including the right to a hearing before punitive actions are taken.
The Division Bench's direction for reinstatement was binding and the impugned order of re-engagement was found to be in clear violation of the court's direction.
Violation of natural justice and non-binding effect of an order due to non-joinder of a party.
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