IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. C.W.P. No. 7822 of 2010. Decided on: 27th December, 2011. _____________________________________________________ Vidya Devi, W/o Sh. Babu Ram, D/o Sh. Sunder Singh, resident of Village Kandu, Post Office Halan, Tehsil Chopal, District Shimla, H.P. …Petitioner. -Versus- 1. State of Himachal Pradesh through Principal Secretary (Education), to the Govt. of Himachal Pradesh, Shimla-2. 2. Director of Primary Education, Lal Pani Shimla, Tehsil & District Shimla, H.P. 3. Deputy Director (Primary), District Shimla-4. 4. Block Primary Education Officer Nerwa, Tehsil Chopal, District Shimla, H.P. 5. Sub-Divisional Officer (Civil) Chopal, Tehsil Chopal, District Shimla, H.P. 6. Pradhan Gram Panchayat Paban, Tehsil Chopal, District Shimla, H.P. …Respondents. Civil Writ Petition under Article 226 of the Constitution of India. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioner : Mr. R.R. Rahi, Advocate. For respondents No. 1 to 5 : Mr. Vikas Rathore, Deputy Advocate General with Mr. R.P. Singh, Assistant Advocate General. For respondent No. 6 : None. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral): Petitioner submitted an application for considering her candidature for the post of Para Teacher (Primary) reserved for 1 Whether the reporters of the local papers may be allowed to see the judgment? No. - 2 - OBC category. She was interviewed and her name was recommended by the duly constituted selection committee for the post of Para Teacher (Primary). She joined her duties on 18.08.2005 in Government Primary School Paban, Tehsil Chopal, District Shimla, H.P.. She was served with a notice dated 12th September, 2005, whereby she was directed to produce the certificate that she belongs to O.B.C. family within 7 days. She filed reply vide Annexure P-8. She assailed the issuance of notice dated 07.09.2005 before the learned erstwhile Himachal Pradesh Administrative Tribunal by way of O.A. No. 2499 of 2005. The same was transferred to this Court and was assigned CWP(T) No. 12257. It was decided on 09.12.2009. This Court has held that the petition was pre-mature. However, the liberty was reserved to the respondents to proceed with the matter after taking into consideration the reply furnished by the petitioner to notice dated 07.09.2005. Petitioner has also filed a review petition. The same was dismissed by this Court on 07.01.2010. 2. However, the fact of the matter is that the services of the petitioner were terminated on 29th September, 2005 vide Annexure P-16 on the ground that the petitioner has lost the status of being O.B.C. after getting married to her husband, who belongs to General Category. Petitioner belongs to O.B.C. category by birth. Her husband belongs to General category. Petitioner has got the status of O.B.C. by birth and she did not loose the same even after getting married with her husband, who belongs to general category. She applied for the post of Para Teacher (Primary) under O.B.C. category and was found suitable. She joined her duties on 18.08.2005. The stand taken by the - 3 - respondents in the reply and order dated 29.09.2005 is contrary to law settled by this Court in Meena Devi Vs. Himachal Pradesh State Subordinate Services Selection Board, CWP No. 5744 of 2010, decided on 9th August, 2011. 3. Accordingly, in view of the observations and discussions made hereinabove, the writ petition is allowed. The impugned order dated 29.09.2005 (Annexure P-16) is quashed and set aside. The respondents are directed to offer appointment to the petitioner to the post of Para Teacher (Primary) in Government Primary School Paban, Tehsil Chopal, District Shimla, H.P. within a period of three weeks from the date of production of a certified copy of this judgment by the petitioner before the second respondent. It is made clear that the petitioner shall not be entitled to any monetary benefits except continuity in service for all intents and purposes. The pending application(s), if any, also stands disposed of. (Rajiv Sharma) Judge December 27, 2011. (bhupender) - 4 -