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2023 DAILYLAW 794 (HP)

CHETNA KUMARI v. BHAKRA BEAS MANAGEMENT BOARD AND OTHERS

CWP/8840/2023 · 2026-06-18

Ajay Mohan Goel

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.8840 of 2023 Decided on 18th June 2026 Chetna Kumari …Petitioner Versus Bhakra Beas Management Board and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. A.K. Gupta, Advocate. For the respondents: Mr. N.K. Sood, Senior Advocate, with M/s Aman Sood and Suryansh Thakur, Advocates. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has prayed for the following relief:- “That the impugned portion of Annexure P-4, whereby services of the petitioner have been terminated may be set aside and the petitioner may be reinstated in service with benefits incidental thereof since she is not gainfully employed anywhere since the date of her termination.” 2. Though, it is not so recorded in the order, but when the case was heard yesterday, the Court was apprised that the respondent-Board, sometime back had made an offer of fresh appointment to the petitioner, but the same was not accepted 2 by her. The Court impressed upon the learned counsel for the petitioner to advice the petitioner to have a relook on the said offer. 3. In this backdrop, today the Court stands apprised that the respondent-Board has accorded approval in the matter, in terms of the e-mail addressed to the learned counsel representing the Board. Learned Senior Counsel representing the Board submits that in case the petitioner is willing to accept the terms and conditions as are mentioned in the e-mail, copy whereof, already stands supplied to the learned counsel for the petitioner in advance, then, the respondent-Board is willing to offer fresh appointment to the petitioner. 4. Leaned counsel for the petitioner, on instructions from the petitioner who is also present in the Court in person, submits that the terms and conditions as are spelled out in the e-mail are acceptable to the petitioner. 5. In the backdrop of what has been observed hereinabove, without adjudication on merit, this petition is disposed of with the direction that now let fresh appointment be offered to the petitioner w.e.f. 22.06.2026, as agreed. The 3 petitioner shall report to Chief Engineer Bhakra Beas Management Board Sundernagar, District Mandi, H.P., before 11:00 A.M. on 22.06.2026 and her joining shall be accepted forthwith. 6. The terms and conditions, which are mentioned in the e-mail, as has been requested by learned Senior Counsel for the respondents are quoted hereinbelow with the observation that the same shall form part of the record. “With reference to our telephonic conversation held today with Sr. Advocate Sh. N.K. Sood ji in CWP Chetna Kumari V/s BBMB, it is informed that Chairman, BBMB has accorded approval in this matter as under:- (a) Petitioner should be appointed afresh on the same terms and conditions which were applicable to her at the time of her services were dispensed with on 31-10-2023. Thereby that she can be appointed as fresh as Physical Education Lecturer on the consolidated pay/salary which was/is being fixed from time to time by Deputy Commissioner Chandigarh Administration for Special Educator. (b) No arrear of any kind will be given to the petitioner for the time when her services were dispensed with from 31-10-2023 till date of her fresh engagement and joining. (c) It will be all together a fresh appointment for all intends and purposes. 4 (d) In such event all pending litigations between Chetna Kumari and the Board will be closed from both sides. (e) On such fresh engagement there will be no monetary claim left or raised by the petitioner except for drawing consolidated salary as above. (f) The accommodation if any in occupation of petitioner shall continue to be with her on same terms and conditions as applicable earlier and there will be no additional claim of department with respect to her occupation of accommodation which she was continuing to hold under court orders. The above said suggestions have already been conveyed by this office to Sh. Aman Sood, Advocate vide this office letter No. 293 dated 22-05-2025. However as in formed by Sh. Aman Sood advocate, the petitioner refused to accept her engagement on the above terms before the Hon'ble High Court about year back. However, still the above terms are offered again to the petitioner, if she is willing to accept that. As per discussion with the Chief Engineer/BSL in this matter, if petitioner agree to still join BBMB as Physical Education Lecture as a fresh and withdraw her case against BBMB then BBMB will engage the petitioner as a fresh on the same terms and conditions which were applicable to her at the time of her services dispensed with on 31-10-2023. No arrear of any kind will be given to petitioner on her a fresh appointment as Physical Education Lecturer and no past claim in any manner will be admissible to her, her appointment will be considered as a fresh. You are requested to inform the Hon'ble Court which is also our stand in the reply to the writ petition that there is no sanctioned post of physical education lecturer in BBMB and that is why consolidated salary as minimum wages fixed by Deputy Commissioner 5 Chandigarh for Special educator was being offered earlier when the petitioner was in employment of the Board.” 7. Petition stands disposed of, so also pending miscellaneous applications, if any. (Ajay Mohan Goel) Judge June 18, 2026 (Vinod)