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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Dhirender Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
Judgment :
Ajay Mohan Goel, J.
By way of this writ petition, the petitioner has, inter alia, prayed for the following relief:-
“(a) That this Hon'ble Court may kindly be pleased to issue a writ of mandamus directing the respondents to re-engage the petitioner in terms of the decision dt 19.2.2013 by appointing the petitioner to the post of Lecturer Political Science(PTA, GIA) in Government College Dharampur, Distt-Mandi, H.P Records of the case may be called for and examined.”
2. Learned Senior Counsel for the petitioner submitted that there is a typographical error in the prayer clause and the petitioner is claiming re-engagement on the strength of press release (Annexure P-6). Learned Senior Counsel submitted that an advertisement was issued in the newspaper on 18.09.2007, calling for applications to fill up the posts of Lecturer of various subjects in Government Degree College, Dharampur, District Mandi. The petitioner applied for the post of Lecturer (Political Science) along-with other incumbents. Interviews were held on 04.10.2007. One Shri Shrawan Singh, who was adjudged by the Selection Committee to be the most meritorious, was offered the appointment. However, he resigned the
Date of appointment for re-engagement eligibility under PTA policy is actual joining date, not initiation of selection process.
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.
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....
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....
Termination of temporary employees requires adherence to natural justice principles, including the right to a hearing before punitive actions are taken.
The court affirmed that once an appointment is validated, reinstatement must occur despite interim orders, ensuring continuity and benefits for the appointee.
Voluntary relinquishment of an appointed post precludes the claim for re-appointment based on revised results and directions issued by the court.
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