Punjab-Haryana High Court
Smt. Singh Kiran vs State Of Haryana And Others on 1 November, 2012
Author: Augustine George Masih
Bench: Augustine George Masih
C.W.P.No.19801 of 2012 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANAAT
CHANDIGARH
C.W.P.No.19801 of 2012
Date of Decision:- 01.11.2012
Smt. Singh Kiran ....Petitioner(s)
vs.
State of Haryana and others ....Respondent(s)
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CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH
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Present:- Mr.A.K.Bura, Advocate,
for the petitioner.
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AUGUSTINE GEORGE MASIH, J. (Oral)
Counsel for the petitioner contends that after the passing of the order dated 30.03.2011 by a Division Bench of this Court in CWP No. 6090 of 2010 titled as Tilak Raj vs. State of Haryana and others, whereby a direction was issued to the State of Haryana that the Guest Faculty Teachers shall not be allowed to continue beyond 31.03.2012, an application i.e. C.M. No. 17483 of 2011 for continuing the Guest Faculty Teachers beyond the said date, was moved in the High Court by the State of Haryana with a proposal, specifying therein the time schedule within which regular appointments would be made, but the said application was rejected by this Court, vide order dated 15.03.2012. State of Haryana and some other Guest Faculty Teachers approached the Hon'ble Supreme Court by filing C.W.P.No.19801 of 2012 -2- Special Leave Petitions. In Special Leave to Appeal (Civil) No. 5956 of 2012 titled as Naresh Kumar and others vs. State of Haryana and others, the Hon'ble Supreme Court, vide order dated 30.3.2012, ordered that no fresh appointments of Guest Teachers shall be made after 1.4.2012 and the exercise indicated in the affidavit dated 19.3.2012 affirmed by the Financial Commissioner and Principal Secretary to Government of Haryana, School Education Department to adhere to the time schedule must be completed within time specified in the Scheme and no further extension or deviation therefrom will be permitted. It was further ordered that till then, the Guest Teachers may be allowed to continue to function as they have been doing so far.
He on this basis submits that as per the schedule given by the Government of Haryana and the above order of the Hon'ble Supreme Court, the Guest Faculty cannot continue in service beyond 31.12.2012.
On a Public Interest Litigation filed in this Court, an order dated 10.09.2012 was passed in CWP No. 3990 of 2012 titled as Bijender Kumar vs. State of Haryana and others, on the basis of which, the order terminating the services of the petitioner has been passed by the Director, Elementary/Secondary Education, Haryana. Challenging the said order, some of the Guest Faculty Teachers approached the Hon'ble Supreme Court by filing Special Leave to Appeal (Civil) No. 18434 of 2012 titled as Neelam Kumari and others vs. State of Haryana and others, in which, vide order dated C.W.P.No.19801 of 2012 -3- 19.10.2012, Special Leave to Appeal stands granted and notice has been issued. In the meantime, having regard to the earlier order dated 30.03.2012 passed by the Hon'ble Supreme Court in SLP No. 5956 of 2012, Naresh Kumar and others vs. State of Haryana and others, where it was observed that the Guest Teachers shall be allowed to continue as they had been doing, the impugned order of the High Court dated 10.09.2012 has been stayed.
In view of the above, counsel for the petitioner contends that the impugned order deserves to be stayed and the petitioner be allowed to continue in service up to 31.12.2012 as per the above order dated 9.10.2012 passed by the Hon'ble Supreme Court.
Counsel for the petitioner contends that the petitioner was relieved from the post of Guest Science Mistress, Government Middle School, Kheri Sheru vide order dated 17.7.2012 on the ground that regular employee was transferred against the said post on the application submitted by the petitioner for adjustment as Science Mistress, Guest Faculty, in some other school. The said application dated 17.7.2012 was addressed to the Block Education Officer, Kaithal (Annexure P-10). On the basis of the said representation, the matter was referred to the District Elementary Education Officer, Kaithal, who vide communication dated 18.7.2012 (Annexure P-14) addressed to the Director Elementary Education Haryana has recommended the adjustment of the petitioner as Guest Science Mistress against a vacant post of Science Mistress which is C.W.P.No.19801 of 2012 -4- available in Government Girls Secondary School, Chandana, District Kaithal.
Counsel for the petitioner contends that no decision on the said representation of the petitioner, as forwarded by the District Elementary Education Officer, has been taken by the Director Elementary Education, Haryana.
Counsel for the petitioner submits that liberty may be granted to the petitioner to file a representation to the Director, Elementary Education, Haryana to consider and decide the claim of the petitioner for re-adjustment as it displaced Guest Science Mistress in the light of the earlier representation preferred by the petitioner which has been forwarded by the District Elementary Education Officer, Kaithal to the Director Elementary Education, Haryana. This representation, counsel for the petitioner, contends shall be submitted within a period of one week from today which may be directed to be considered and decided within some specified time by the Director Elementary Education, Haryana.
In the light of the statement made by the counsel for the petitioner, the present writ petition is disposed of with liberty to the petitioner to file a representation to the Director, Elementary Education, Haryana. If such a representation is made, the same shall be considered and decided by the Director, Elementary Education, Haryana within a period of two weeks of submission of such representation.
C.W.P.No.19801 of 2012 -5-
Copy of the order be given dasti to the counsel for the petitioner under signatures of the Special Secretary of this Court.
November 01, 2012 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE