Punjab-Haryana High Court
Ramandeep Kaur vs State Of Punjab & Others on 27 August, 2013
Author: Tejinder Singh Dhindsa
Bench: Tejinder Singh Dhindsa
CWP No. 18769 of 2013 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CWP No. 18769 of 2013
Date of decision: 27.08.2013
Ramandeep Kaur .... Petitioner
Vs.
State of Punjab & others .... Respondents
CORAM: HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA.
Present: Mr. P.K. Goklaney, Advocate for the petitioner.
....
TEJINDER SINGH DHINDSA, J. (ORAL).
The petitioner has filed the instant writ petition impugning the order dated 02.07.2013 at Annexure P-11, whereby her request for withdrawal of her resignation has been rejected.
Brief facts of the case are that the petitioner was appointed as a Computer Faculty member purely on contractual basis under the Punjab ICT Education Society, Department of School Education in the year 2006. Apparently, the petitioner continued to serve purely on a contractual basis and on fixed tenure. On 05.02.2009 (Annexure P-6), the petitioner submitted a resignation letter citing family circumstances and served one month notice for such resignation to be accepted. Vide office order dated 13.03.2009 (Annexure P-7), the resignation of the petitioner was duly accepted by the Director General, School Education Punjab, ICT Education Society and such resignation was made effective w.e.f. 04.03.2009 i.e. upon completion of the one month notice. The petitioner thereafter on 27.05.2009 (Annexure P-9) submitted an application for withdrawal of the resignation Kaur Harjeet 2013.08.31 13:55 I attest to the accuracy and integrity of this document CWP No. 18769 of 2013 -2- stating that now her family circumstances would permit her to join back and she be assigned a posting order close to the city of Abohar since her matrimonial home is situated there. Such request has been rejected vide impugned order dated 02.07.2013 (Annexure P-11). It is against such brief factual backdrop that the instant writ petition has been filed.
Counsel for the petitioner has vehemently argued that the impugned order of rejection dated 02.07.2013 (Annexure P-11) has been passed in uter violation of the Punjab Government Instructions dated 11.06.1998 (Annexure P-12), which were issued by the Department of Personnel with a view of giving facilities to the female employees. The relevant extract of the Instructions dated 11.06.1998, upon which counsel has placed reliance read in the following terms:
"With regard to join the service within a period of 10 years from the date of resignation.
d) A female official who has given resignation from the service after marriage, due to her family circumstances, she can join the service again within a period of 10 years, in case the post is available. The period of out of service will be treated as leave of kind due in view of the Punjab Civil Services Rules, Vol.I, Part I rule 8.121. She will be placed at the bottom in the seniority list. An affidavit will be taken from her that during this period she has not done any service, business or practice.
She has completed the period of probation before resignation. Beside this, this condition is also imposed that this period of 10 years for female official will be limited to the child bearing age (maximum two children)."
Having heard counsel for the petitioner at length and having perused the pleadings on record, I am of the considered view that the present writ petition deserves dismissal.
Kaur Harjeet The Instructions dated 11.06.1998 (Annexure P-12) do vest a 2013.08.31 13:55 I attest to the accuracy and integrity of this document CWP No. 18769 of 2013 -3- right in a female employee who has given resignation from service after marriage due to family circumstances to join back in service within a period of 10 years, in case the post is still available. However, such a right has been made available subject to certain conditions/pre-requisites. One of the condition is that such employee should have completed the period of probation prior to submission of resignation. Initial letter of appointment of the petitioner as Computer Faculty dated 09.03.2006 has been placed on record as Annexure P-1. The same clearly reveals that the appointment of the petitioner was purely on contractual basis and for a period of one year. The petitioner was to be paid fixed emoluments. In such appointment letter, there was no condition as regards the petitioner having been placed under probation. Even though, the petitioner was granted extensions thereafter and she continued to serve on a contractual basis till the acceptance of her resignation vide order dated 13.03.2009, yet counsel for the petitioner has not been able to dispute the fact that even such extensions purely on contractual basis were to be governed in the light of the conditions and stipulations contained in the initial letter of appointment dated 09.03.2006.
Clearly, the status of the petitioner has throughout been that of a contractual employee. Since she was never placed under probation, the question of completion of probation period would not arise. The Instructions dated 11.06.1998 at Annexure P-12 in my considered view would have applicability only with regard to regular and permanent female employees. As such, no benefit can enure to the petitioner on the basis of the Instructions dated 11.06.1998 (Annexure P-12).
Even otherwise, the resignation submitted by the petitioner on 05.02.2009 by giving one month notice had been duly accepted by the Kaur Harjeet 2013.08.31 13:55 I attest to the accuracy and integrity of this document CWP No. 18769 of 2013 -4- Competent Authority vide order dated 13.03.2009 and made effective w.e.f. 04.03.2009 i.e. upon completion of one month notice period.
I find no infirmity in the impugned order dated 02.07.2013 (Annexure P-11), whereby the request of the petitioner for withdrawal of the resignation has been rejected after the same had already been accepted by the Competent Authority.
For the reasons recorded above, I find no merit in the present writ petition and the same is accordingly dismissed.
August 27, 2013 (TEJINDER SINGH DHINDSA)
harjeet JUDGE
Kaur Harjeet
2013.08.31 13:55
I attest to the accuracy and
integrity of this document