DIRECTOR, PUBLIC INSTRUCTION, PUNJAB AND OTHERS Vs. HARPAL KAUR CHAHAL
LAWS(P&H)-1980-10-58
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 01,1980

Appellant
VERSUS
Respondents

JUDGEMENT

S.S. Sandhawalia, J. - (1.) Whether the services of even a temporary public servant cannot be dispensed with after compliance with the requisite formalities of his letter of appointment and in accordance with the statutory rules is the somewhat interesting question which crops up for decision in this appeal under clause 10 of the Letters Patent.
(2.) In March, 1968, the Subordinate Services Selection Board, Punjab, invited applications for the posts of Physical Training Instructors in the Education Department and the last date for the receipt of the applications was fixed as the 20th of April, 1968. Respondent Smt. Harpal Kaur applied for the said post but admittedly at that time she old not even remotely satisfy the prescribed qualifications of holding a certificate in the Course of Physical Education. The Subordinate Services Selection Board was abolished in Sept., 1968. and later a Departmental Selection Committee was constituted. The said Committee interviewed the respondent and innumerable other candidates more than two years after the prescribed date of the receipt of the applications and it would appear that by that time the respondent had managed to pass the certified course in Physical Education and had been awarded a University certificate bearing the date of 15th June, 1970. She was selected by the Departmental Committee and later vide annexure 'B' dated the 20th of Jan., 1971. She was appointed as a Physical Training Instructor in the Government Middle School Ladda, District Sangrur on an officiating basis.
(3.) The very charter of the respondent's claim is the aforesaid letter of appointment and the statutory rules by which she was admittedly governed. Annexure 'B' aforesaid clearly specifies that to begin with her appointment would be on an ad hoc basis and could continue subject to her work and conduct being good in all respects. It was expressly made clear that the vacancy was officiating with the likelihood of it being made permanent later. In the last paragraph of this appointment letter it was again highlighted that the appointment was purely temporary and within the first year it could be terminated at any time without assigning any reason.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.