This oral judgment restored the petitioner's seniority upon her re-engagement as a Tailoring Teacher but denied back wages for the period since 2001.
The petitioner was granted restoration of seniority but denied back wages for the period from 2001 to her re-engagement date.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
COPC (T) No.: 134 of 2008. Decided on: 10.12.2010.
_________________________________________________________ Kiran Kumari. … Petitioner.
Versus
Vaneet Chaudhary and another. … Respondents.
Coram
The Hon’ble Mr. Justice Rajiv Sharma, J.
Whether approved for reporting?1 No. For the Petitioner : Mr. Vikrant Chandel, Advocate vice Mr. Sanjeev Bhushan, Advocate. For the Respondents : Mr. P.M. Negi, Deputy Advocate General with Mr. R.P. Singh, Assistant Advocate General. Respondent No.2 is also present in person.
Rajiv Sharma, J. (Oral) :
In sequel to order dated 11th November, 2010, affidavit has been filed by Mr. Kulbir Singh Rana, B.D.O., Chamba, District Chamba, H.P. It has come in the affidavit that the petitioner has been re-engaged as Tailoring Teacher in Gram Panchayat, Parara, Development Block Nahan, District Sirmaur, H.P. According to Mr. Kulbir Singh Rana, she has already joined her duties at Gram Panchayat, Parara, District Sirmaur, H.P. on 2.12.2010. The only question which requires to be considered is whether the petitioner is to be given seniority or not. The Court is of the view that the petitioner’s seniority shall be restored. By
1 Whether the reporters of Local Papers may be allowed to see the judgment? No.
way of abundant precaution, it is made clear that the petitioner will not be entitled to back wages since she has not worked w.e.f. 2001 to the date of her re-engagement on 2.12.2010. The Court appreciates the promptness shown by respondent No.2 in settling/disposing of the matter. Consequently, the notices issued to respondents are discharged.
(Rajiv Sharma), Judge.
December 10, 2010.
(sck).
2 issues framed by the court
Whether the petitioner who was re-engaged as a Tailoring Teacher is entitled to seniority restoration.
Whether the petitioner is entitled to back wages from the date of initial non-employment until re-engagement.
Kiran Kumari
Vaneet Chaudhary
Rajiv Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
