STATE OF H.P. Vs. TRIPTA PARMAR

JUDGEMENT

(1.) THE present petition is directed against the order of the learned Himachal Pradesh Administrative Tribunal rendered in O.A. No. O.A. (M) No. 71 of 2000 on 9th December, 2004 : 2005(1) Cur.L.J. (H.P.) 181.

(2.) THE brief facts necessary for the adjudication of this petition are that the respondent was appointed as Language Teacher on 30th June, 1973. She improved the academic qualification and passed B.A. in 1978, M.A. in 1990 and M.Phil in 1992. She approached the learned H.P. Administrative Tribunal by way of O.A. (M) No. 71 of 2000 primarily contending therein that the rules known as Recruitment and Promotion Rules for Class -III (School and Inspection Cadre), 1975 were defective since no provision has been made for promotion to the post of Lecturer from the post of C&V, though possessing requisite academic qualification for the post of Lecturer. It was also contended before the learned Tribunal that the quota provided for promotion to the post of TGT from the post of C&V Teacher was inadequate. The State had contended before the Tribunal in its reply that it is the prerogative of the employer to frame the recruitment and promotion rules regulating the conditions of service of its employees. The learned Tribunal allowed the original application on 9th December, 2004 directing the petitioner -State to carry out necessary amendments in the rules by including C&V category for promotion to the post of Lecturer.

(3.) WE have heard the learned Counsel for the parties and perused the record carefully.