IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No:1515 of 2023 Decided on: 07.11.2023 ____________________________________________________________

Meli Ram ...Petitioner Versus H State of Himachal Pradesh and others …Respondents Coram:

Hon’ble Mr. Justice Ranjan Sharma, Judge

1 Whether approved for reporting? Yes For the Petitioner: Mtr. Balwant Singh Thakur and rMs. Anchal Sharma, Advocates.

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For the Respondents: Mr. Rajan Kahol, Additional Advocate General, for respondents No.1 and o2-State.

Mr. Jai Ram Sharma, Advocate, for C respondent No 3.

Ranjan Sharma, Judge (Oral)

Petitioner, a disengaged Trained Graduate Teacher {Medical}, who was appointed through the School Management Committee [SMC], has come up before this Court, in the instant petition, seeking the following relief(s):-

“(i). That the writ in the nature of mandamus may kindly be issued and respondent department may kindly be directed to re-engage the present petitioner immediately

1 Whether reporters of Local Papers may be allowed to see the judgment?

alongwith all service benefits in the interest of justice immediately.

(ii). That the writ of certiorari may kin.dly be issued and impugned Office POrder dated

29.10.2020 Annexure P-6, may kindly be ordered to be quashed and set side being wrong and contrary to the service jurisprudence in the interest of justice.

(iii). That a writ in the nature of Mandamus may kindly be issued commanding respondent education department to release GIA in faovour of the petitioner w.e.f. his initial date of appointment in the interest of justi ce.”

FACTUAL MATRIX:

2. Case of the petitioner, as submitted by Mr. Balwanot Singh Thakur, Learned counsel is that upon Cdue selection, the School Management Committee of Government High School [now GSSS] Sinvi, Tehsil Anni, District Kullu (HP), appointed the petitioner as a Trained Graduate Teacher (Medical) by way of H a resolution and he joined his duties in the said school 01.07.2013 and petitioner performed his duties and functions by taking classes as assigned by the schools authorities till 12.03.2019 when, one, Rajesh Kumar, on appointment as TGT [Medical] on 05.03.2019, on contract basis joined on 12.03.2019 in GHS (now GSSS) Sinvi, Tehsil Anni, District Kullu and due to joining of Rajesh Kumar, the respondents verbally disengaged the services of the petitioner.

2(i). Feeling aggrieved, against the action of the respondents in verbally disengaging the petitioner from service, the petitioner filed an OA No 1514 of 2019, which was disposed of by the erstwhile Himachal Pradesh State Administrative Tribunal on 24.4.2019, Annexure P-4, enabling the petitioner to make a representation for retention to the respondents with further direction to the respondents to permit the petitioner to continue at GSSS Sinvi, Tehsil Anni, District Kullu, as under:-

H “4. In the facts and circumstances, the original application is disposed of with a direction that the applicant may file a comprehensive representation for his retention at GSSS Sinvi, Tehsil Ani, alongwith certified copy of this order to 2nd respondent within five days. 2nd respondent shall decide the same after affording an opportunity of being heard to the applicant as well as private respondent No.4, if so desired, by 30th May, 2019. The applicant, in the meanwhile, is permitted to continue at GSSS Sinvi, Tehsil Ani.”

2(ii). Mr. Balwant Singh Thakur, learned counsel submits that though the petitioner had submitted a representation to the Respondents, in compliance to the directions/orders of Learned Himachal Pradesh State Administrative Tribunal dated 24.04.2019, but the respondents deprived the petitioner to continue in GSSS Sinvi, Tehsil Anni [Kullu], and due to this inaction, the petitioner was constrained to file a CWP No 3089 of 2020 and during the pendency of the aforesaid writ petition, the Respondent No 2-

hDirector, Elementary Education passed an order on g29.10.2020, Annexure P-6, rejecting the claim of the ipetitioner for continuity-reengag