Punjab-Haryana High Court
Kanchan Bala vs State Of Punjab And Ors on 27 February, 2025
Author: Lisa Gill
Bench: Lisa Gill
SUNIL LPA-3408-2024 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA-3408-2024 (O&M) Date of decision: 27.02.2025 KANCHAN BALA 2 ee Appellant(s) Versus STATE OF PUNJAB AND OTHERS --__--_s--=.«"wwz.. Respondent(s) CORAM:- HON'BLE MRS. JUSTICE LISA GILL HON'BLE MR. JUSTICE ALOK JAIN Present: Mr. Sunil Agnihotri, Advocate for appellant. sh ok LISA GILL, J.
CM-8395-LPA-2024 Heard.
For reasons mentioned in the application and arguments addressed, delay of 18 days in re-filing of this appeal is condoned.
Applications are disposed of accordingly. LPA-3408-2024
1. Prayer in this appeal is for setting aside order dated 04.10.2024, passed by learned Single Bench whereby CWP-25773-2021, filed by present appellant-writ petitioner was dismissed.
2. Above said writ petition was filed by appellant-writ petitioner for setting aside order dated 22.09.2020, whereby her claim for appointment as Embroidery Instructor has been rejected. Appellant was admittedly appointed as Embroidery Instructor in August, 2010 under State Council of Vocational Training Scheme as Guest Faculty Instructor by the Principal-cum-Member Secretary, Institute Management Committee at Government Industrial Training Institute, Women Village Hursi Tanda Urmur, Tehsil Dasuya, Disttrict Hoshiarpur.
She was appointed for the session 2010-2011 and worked up to 2012-2013. The 2025.03.05 10:35 | attest to the accuracy and authenticity of this document SUNIL LPA-3408-2024 (O&M) Institute Management Committee discontinued Embroidery and Needlework trades due to low admission, upon which present appellant was relieved from service.
3. For the session 2016, after a period of about four years, trades of Dress Making (under National Council of Vocational Training or NCVT) and Embroidery and Needlework (under State Council of Vocational Training or SCVT), were started again. Respondent no.4 -- Baljit Kaur was appointed as Guest Faculty Instructor for Dress Making and present appellant as Guest Faculty Instructor for Embroidery and Needlework, after issuance of advertisement etc. Both the Guest Faculty Instructors were relieved after completion of training session 2016-2017. As per specific case of respondent - Department, in the session 2017, demand was only for NCVT trades, in order to get national certification and better employment opportunities. Accordingly, Institute Management Committee took a decision to run only Dress Making NCVT trades. Embroidery and Needlework trades which were affiliated to SCVT, were discontinued. Respondent no.4 was thus engaged as Guest Faculty for Dress Making trade.
4. Director, Technical Education and Industrial Training, Punjab, rejected the claim set up by appellant while concluding that appellant was a temporary contractual employee having no vested right of employment to any particular post as claimed. Fresh course had been started under a different Scheme i.e. NCVT and trades of Embroidery and Needlework had not been re-started, therefore, she has no vested right.
5. Aggrieved of rejection of her claim, CWP-25773-2021 was filed by appellant. Dismissal of this writ petition vide impugned order dated 04.10.2024 has led to filing of this appeal.
2025.03.05 10:35 | attest to the accuracy and authenticity of this document LPA-3408-2024 (O&M)
6. Heard learned counsel for parties.
7. In the given factual matrix as has been narrated in foregoing paras, learned Single Bench, in our considered opinion has correctly held that as appellant-writ petitioner and respondent no.4 were working in different fields, appellant cannot raise any grievance and seek appointment to the post on which respondent no.4 has been appointed. Keeping in view the popular demand, Institute Management Committee decided to run only the Dress making NCVT trade and in its wisdom discontinued the Embroidery & Needlework trade under SCVT. This decision cannot be faulted, in fact is not even under challenge. In such circumstances, no right vests with the appellant to claim appointment as urged and that too in the place of respondent no.4. It is not in dispute that appellant was indeed operating in a different field as an Embroidery Instructor and not as a Dress Making Instructor.
8. Learned counsel for appellant is unable to point out any illegality, infirmity or perversity in the impugned order dated 04.10.2024, passed by learned Single Bench, which calls for interference by this Court in this appeal.
9. No other argument has been addressed.
10. Accordingly, this appeal is dismissed with no order as to costs.
11. Pending miscellaneous application(s), if any, stand(s) disposed of accordingly.
(LISA GILL) JUDGE (ALOK JAIN) 27.02.2025 JUDGE Sunil Whether speaking/reasoned: Yes/No Whether reportable: Yes/No SUNIL 2025.03.05 10:35 | attest to the accuracy and authenticity of this document