NEELAM KUMARI Vs. STATE OF H P & OTHERS
LAWS(HPH)-2017-1-90
HIGH COURT OF HIMACHAL PRADESH
Decided on January 11,2017

NEELAM KUMARI Appellant
VERSUS
State Of H P And Others Respondents

JUDGEMENT

Chander Bhusan Barowalia, J. - (1.) The present writ petition is maintained by the petitioner against the respondents praying therein for the following relief :- "(a) for issuance of an appropriate writ in the nature of mandamus directing the respondents to quash and set aside the impugned orders dated 4.8.2012 (Annexure P-14) and dated 30.5.2015 (Annexure P-16) . (b) for issuance of writ in the nature of mandamus to direct the respondents to release the grants-in-aid from the date of her appointment or in alternate from the day the petitioner became eligible as per the amended Recruitment & Promotion Rules along with interest @ 9% per annum; and (c) to continue the grant-in-aid in future also."
(2.) The petitioner has submitted that she was appointed as Language Teacher by the PTA. Besides possessing various educational qualifications, she did her B.Ed. in the year 2010, and thereafter, the petitioner also passed TET Examination in the year 2012.
(3.) Further, it has been submitted that in the year 1973, the State of Himachal Pradesh had framed Recruitment and Promotion Rules, vide notification dated 28.12.1973. It has also been submitted that necessary qualification for Hindi Teachers, under the said Rules, was Honors in Hindi with Matric and Language Teacher's Training from recognized University/ Institution. It has further been submitted that the Respondent i.e. Education Department was facing shortage of eligible candidates for appointment to the post(s) of Language Teacher (L.T.), which were lying vacant. Therefore, on the request of the Education Department, the State Government framed R&P Rules for the post of L.T. in the year 2009, vide notification dated 31.12.2009 and the essential qualification for the post of L.T. was fixed as B.A. with Hindi, as an elective subject, from a recognized University with 50% marks in Hindi or its equivalent.;


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