Punjab-Haryana High Court
Nidhi Gupta vs R.K.S.D. College on 5 February, 2009
Author: Ajay Tewari
Bench: Ajay Tewari
IN THE PUNJAB AND HARYANA HIGH COURT
AT CHANDIGARH
CWP No.1864 of 2009
Date of decision: February 5, 2009
Nidhi Gupta ... Petitioner
Versus
R.K.S.D. College ... Respondent
CORAM : HON'BLE MR. JUSTICE AJAY TEWARI
Present : Mr. G.C. Shahpuri, Advocate
for the petitioner.
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1. Whether Reporters of Local Newspapers may be allowed to see
the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
AJAY TEWARI, J.(Oral)
The petitioner was appointed by the respondent as Lecturer in Art and Craft under self-financing scheme by order dated 10.08.2005. It was stated that her appointment was duly approved by the Kurukshetra University which is affiliating authority for R.K.S.D. College.
However, after a period of two years the services of the petitioner and some other similarly situated contractual employees were terminated. Subsequently, three of them were permitted to rejoin the institute but the petitioner was not permitted to do so. Learned counsel for the petitioner has stated that this action is clearly discriminatory.
In my opinion, the services of the petitioner would be governed by her appointment letter. As per that letter, her appointment was purely contractual and temporary. The mere fact that appointment of some contractual employees has been allowed to continue would not grant any right to the petitioner. It may be CWP No.1864 of 2009 -2- noticed that the post against which the petitioner was appointed under self-financing system. In any case the petitioner would have the remedy to challenge the termination of her services under the Haryana Affiliated College (Security of Service) Act, 1979.
Consequently, this writ petition is dismissed with the liberty to the petitioner for seeking alternative remedy.
February 05, 2009 (AJAY TEWARI) sonia JUDGE