IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 1170 of 2010-B Decided on: 14th October, 2011. Bhawana Sharma …Petitioner. Vs. State of H.P. and others. …Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge. For the Petitioner : Mr. T.C. Sharma, Advocate. For the Respondents: Mr. R.K. Bawa, Advocate General, with Mr. Ankush Dass Sood, Addl. AG and Mr. J.K. Verma, Deputy Advocate General. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayer:- (i) That the respondents may kindly be directed to offer regular appointment instead of contract appointment as JBT to the petitioner at par with her counter-part retrospectively of the session 2005 with its financial benefits such as arrear of pay etc. etc. and also (ii) That the impugned letter dated 26th November, 2009 (Annexure P-11/T) issued by respondent No. 1, Principal Secretary (Education) H.P. Shimla conveying non acceptance/rejection of regular appointment of the petitioner may kindly be quashed and set aside.” 2. Annexure P-10, recommendation from the Directorate, Elementary Education, Himachal Pradesh reads as follows:- “With reference to your letter No. EDN-C-B(2)- 3/2005, dated 17.9.2007 regarding the subject cited above, it is to inform you that in the list of JBT qualified from RTTI, Kullu one name in the list of 2 Bilaspur District has been mentioned/written twice at Sr. No. 1 and 4 and one name of Kullu District of Bhavna Sharma, d/o Surinder Kumar, w/o Sanjeev Bhardwaj, C/ Bhadwaj Sweets Akhara Bazar, Kullu has been left by mistake. The above candidate has passed JBT training from RTTI, Kullu during the year 2005 and her name was recommended alongwith with others by the Dy. Director of Elementary Education, Kullu to this Directorate. She has been registered with Employment Exchange, Kullu vide regd. No. W-685, dated 21.7.2005 and she is Matric pass. Her documents are enclosed herewith. So you are requested to accord permission in favour of Smt. Bhavna Sharma for her appointment as JBT teacher in Kullu district.” 3. It is fairly clear that only on account of a mistake, that too bonafide mistake, the petitioner could not be appointed in the year 2007 alongwith others. In the reply, at paragraph 7, it is stated as follows:- “That this para also calls for no submissions, being a matter of record. However, in this regard it is submitted that the petitioner has passed 10+2 examination on 10.6.2008 and it is also further submitted that the government vide letter dated 25.4.2008 has decided to fill up all the posts in Department of Elementary Education on contract basis.” 4. The facts being thus clear, in case any candidate who passed the qualifying examination in the year 2005 and his name was registered in the Employment Exchange in that year, has been offered regular appointment in the year 2007, the petitioner also ought to have been included in that batch, but for the mistake, referred to above, it is only 3 matter of justice that the petitioner is also given the same treatment. Accordingly, Annexure P-7 is set aside. 5. There will be a direction to first respondent to act in terms of Annexure P-10 and in the light of the observations made above. In view of the recommendation(s) of the Director in the year 2007, she will be entitled to regular appointment in the year 2007, though it appears, she has been given contractual appointment in 2008. 6. In order to avoid any ambiguity with regard to the implementation of the judgment, it is clarified that the regular appointment of the petitioner shall be notional w.e.f. the date of appointment of her compeers in the year 2007 and the actual monetary benefits shall flow and follow only from the date of the appointment of all the petitioners in September, 2008, from which date she shall be entitled to all monetary benefits as a regular teacher. 7 The writ petition is disposed of, so also the pending applications, if any. Copy dasti. (Justice Kurian Joseph), Chief Justice October 14, 2011(K) (Justice V.K. Ahuja), Judge. 4