CWP(T) No. 12072/2008 09.08.2011 Present: Mr. Sanjeev Bhushan, Advocate, for the petitioner. Mr. Vinod Thakur, Dy. A.G for the respondents Affidavit not filed as directed by this Court. 2. Petitioner has prayed mainly for the following reliefs:- “(i) Respondents may be directed to regularize the services of the applicant as LT teacher from 1997 with all consequential benefits of pay, seniority, etc. etc. (ii) That respondents may be directed to count the services rendered by the applicant on tenure basis accept the option exercised by the applicant and further respondent may be directed to continue the applicant in existing pay scale of TGT uptill 1.7.97 and thereafter only to fix him in the pay scale to the post of Lecturer, with all consequential benefits of pay, arrears and further the accruing benefits in pension may be granted to the applicant.” 3. During the pendency of the present petition, respondents have passed the following order:- “No.EDN.-LSP-Estt. Ele.(14)Appoit.2007/-29029-32 O/O the Dy. Director of Education, Lahaul & Spiti at Keylong. Dated Keylong 175132 23 April 08 OFFICE ORDER …………………. In compliance of Director of Elementary Education, H.P. Shimla No. EDN.-H(LSP) DOA No. 1741/2005-20694 dt. 23.11.2007 and 28.03.08 and in pursuance of the Govt. decision conveyed by the worthy Commissioner-cum-Secretary Education in the Govt. of H.P. Shimla No. Shiksha-11-kha(13)29-94-II- dated 31.08.1995 further circulated by the worthy Director of Hr. Education, H.P. Shimla No. Shiksha-Him(I11)(B)(I)40/94-part II dated 22.09.1996, the services of the following teacher who was/were appointed on adhoc/tenure basis and who has completed ten (10) year of service in the same post/under and have been awarded special certificate by the Deptt./Dy. Director of Education concerned Distt. are hereby regularized in the pay scale of Rs.5000-8100 w.e.f. the date/dates shown against his/her name subject to the condition given in the above decision of regularization and general condition attached herewith. 1. That the teacher concerned has completed ten years as continuing service against the post of LT without break. 2. That the teacher being regularized will give an undertaking on simple paper to the effect that in case anything is found fictious and noticed later on in connection with her educational/professional documents and other service documents her regular service shall be liable for termination under rule. This undertaking duly countersigned by the head of the institution may be passed in her service book. 3. That the teacher concerned was sponsored by the employment exchange at the time of adhoc/tenure appointment. 4. That the teacher concerned being regularized has also obtained the educational/professional degree from the recognized university. Sr. No. Name of teacher School name DOB Adhoc/tenure Appt, Date of regular School where station/posted 1. Smt. Dechen Palmo adhoc/tenure LT GMS Yournath 2.04.63 18.05.1994 18.05.04 GHS Johrang Lahaul as OT Against vacancy She is directed to join in the school to where she is posted if terms and conditions given in the order is acceptable to her within ten days. Sd/ Dy. Director of Education, Lahaul at Keylong Endst, No Even. Dated: 22.04.2008 Copy forwarded for information and n/a to:- 1. The Director of Elementary Education, H.P. Shimla w.r.t. this office No. referred to above . 2. The Principal, Govt. Sr.Sec. School, Keylong Lahaul to relieve the teacher concerned of his establishment to the School immediately where she is posted. 3. The Headmaster, GHS, Johrang (Lahaul) with the direction to paste an undertaking from the teacher concerned in her service book while paying arrear that recoveries if any affected by the audit lateron will be deposited by the concerned teacher in lumpsum. 4. Smt. Smt. Dechen Palmo L.t. GMS, Yurnath, u/c GSSS, Keylong, (Lahaul) for compliance. LT Sd/ Dy. Director of Education, Lahaul at Keylong” 4. Petitioner stands regularized, after completion of a period of 10 years of service w.e.f. 18.5.2004. 5. In my considered view, while passing the aforesaid order, as also while filing reply to the instant petition, respondents have not taken into account the fact that petitioner was in fact appointed as a JBT teacher on tenure basis w.e.f. 30.7.1987 which is evident from the office order (Annexure A-1) issued by the Director Education Office, Keylong. Further, petitioner was adjusted at the Govt. Primary School, Cheling from Govt. Primary School, Keylong. This also was pursuant to the order issued by the District Education Officer, Keylong (Annexure A-2). Vide office order dated 4.5.1994 (Annexure A-3), petitioner was posted as a JBT at Keylong. Annexures A-1, A-2, & A-3 have not been considered by the respondents while passing the order dated 22.04.2008. As such, petitioner’s services have to be regularized by taking into account the service rendered by her w.e.f. 30.7.1987. Hence, petition needs to be allowed. Service period rendered by the petitioner w.e.f. 30.7.1987 be counted for the purpose of regularization. As such, respondents are directed to take action by also taking into account the decisions rendered by this Court in Paras Ram vs. State of H.P. & Anr., Latest HLJ 2009 (HP), 887 and Thakuri Devi vs. State of H.P. & Ors., Latest HLJ 2010 (HP) 549, for the purpose of counting of tenure service. Necessary action shall be taken by respondent No.2 within a period of three months from the date of receipt of the certified copy of the judgment. All consequential benefits, as may be found due and admissible, shall be disbursed within the aforesaid period. 6. With the aforesaid observations, petition stands disposed off. August 09, 2011 ( Sanjay Karol ), (rana) Judge.