KAMLA DEVI Vs. STATE OF HP

JUDGEMENT

(1.) The petition has been filed with following prayers:

(2.) It is the stand of the Government that the petitioner is not entitled to count services rendered to the Institution prior to the taking over, in terms of the policy regarding taking over. In view of the terms and conditions of taking over of the Institution, the petitioner has placed heavy reliance on the decision of the Tribunal in OA No. 368 of 1987, which according to the petitioner, has been implemented, wherein the Tribunal has directed the Government to count the services rendered by the incumbent in the Institution. However, in the reply, it is stated that the terms and conditions of taking over of that Institution is different from the terms and conditions of taking over of the Institution, wherein the petitioner worked. Learned counsel for the petitioner submits that in terms of conditions of taking over of the Institution wherein the petitioner also worked, she is entitled to count the services. If that being so, the petitioner may point out this aspect before the Government.

(3.) Therefore, the writ petition is disposed of as follows: In the event of the petitioner filing the representation pointing out her eligibility in terms of the terms and conditions of taking over of the Institution, within a period of one month from today, the matter will be duly examined by the first respondent and appropriate orders in accordance with law and justice, with particular reference to the terms and conditions of taking over of the Institution shall be passed by the Government within a period of another two months.