IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP-T No.: 2684 of 2008. Decided on: 23.04.2010. __________________________________________________________ Smt. Pushap Lata. … Petitioner. Versus State of Himachal Pradesh and Others. … Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 Yes. For the petitioner : Mr. V.D. Khidta, Advocate. For the Respondents : Mr. Anil Jaswal, Deputy Advocate General for respondents No.1 to 3. None for respondent No.4. Rajiv Sharma, J. (Oral): Petitioner was engaged as Lecturer on contract basis with effect from 9th December, 1997. She was terminated with effect from 1st June, 2000 after the joining of a regular hand. However, Mr. Khidta, learned counsel for the petitioner submits that at the time of her termination, persons who were junior to the petitioner were retained and there were vacancies lying vacant in the adjoining schools where the regular hand could have been adjusted. However, the fact of the matter is that the petitioner was also re-engaged on 28th September, 2001. Persons junior to her have been regularised as per Annexure C-3, dated 26th June, 2006 with effect from 1st January, 2006. The case of the 1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes. - 2 - petitioner has not been considered only on the ground that she has not completed eight years regular service. In other words, petitioner’s date of appointment has been taken with effect from 28th September, 2001 instead of 9th December, 1997. The issues raised in this case stand already decided by this Court in “Rakesh Sharma versus State of Himachal Pradesh and others, CWP(T) No.5269” on 21st April, 2010. This position is not disputed by the State. Consequently, the petition is allowed with the following directions:- “The termination of the petitioner dated 1.6.2000 is declared illegal being violative of the principle of “last come first go”. Respondents are directed to consider the case of the petitioner for regularization as lecturer (School Cadre) by taking into consideration her initial engagement with effect from 9.12.1997. The period of break in service between 1.6.2000 to 28.9.2001 is condoned. This period shall be counted for all intents and purposes, including seniority. Needful be done within a period of eight weeks from today.” There shall, however, be no order as to costs. (Rajiv Sharma), Judge. April 23, 2010. (sck).