PARVINDER KAUR Vs. STATE OF HARYANA
LAWS(P&H)-2014-5-25
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 21,2014

PARVINDER KAUR Appellant
VERSUS
STATE OF HARYANA Respondents

JUDGEMENT

AUGUSTINE GEORGE MASIH, J. - (1.) PETITIONER was appointed as a Guest Faculty Teacher at Government Senior Secondary School, Barwala (Panchkula) and she joined as such on 30.04.2007. Her services were dispensed with on appointment of a candidate, who was regularly selected on 24.05.2007. From 25.05.2007 onwards, the petitioner was adjusted as a Hindi Guest Teacher at Government Senior Secondary School Rattewali, District Panchkula as per the policy of the State. On 02.12.2008, Department of Education, Government of Haryana issued general guidelines with regard to adjustment of displaced Guest Faculty Teachers. On 09.01.2009, petitioner was verbally relieved by the Principal without assigning any reason and without giving any opportunity of hearing. The ground turned out to be that the petitioner did not possess the requisite qualification for appointment to the post of Hindi Teacher.
(2.) PETITIONER thereafter got a letter dated 28.01.2009 issued by the Kurukshetra University, Kurukshetra, according to which three years Shastri course stood recognized as equivalent to B.A.(General). On receipt of this letter, petitioner submitted a representation to the Commissioner and Director General, School Education, Haryana requesting for adjustment and to allow her to rejoin the post in the light of the policy instructions dated 02.12.2008 issued by the Department. When nothing was heard, petitioner approached this Court by filing CWP No.6292 of 2009 which was dismissed by this Court vide order dated 27.04.2009. Thereafter another policy decision was issued by the Department of Education which again dealt with displaced Guest Faculty Teachers and their adjustment at any other place of vacancy. Since, as per the petitioner, she possessed the qualification for the post of Hindi Teacher as well as the Sanskrit Teacher and, therefore, was better qualified than other Guest Faculty Teachers, who were continuing in service without any interruption, she sought information under the Right to Information Act which substantiated the contention and assertion of the petitioner with regard to the large number of less qualified teachers continuing on the post of Hindi Teacher Guest Faculty without any interruption, whereas the petitioner has been earlier relieved and thereafter not adjusted as per the policy of the Government of Haryana. Being aggrieved, petitioner again approached this Court by filing CWP No.11356 of 2010 which was dismissed by this Court vide order dated 01.07.2010.
(3.) IN the meanwhile, a Division Bench of this Court allowed the Guest Faculty Teachers to continue in service upto 31.03.2012 in the interest of studies of the students in view of large number of vacancies available in the State of Haryana vide order dated 30.03.2011. On the basis of the said order, petitioner again submitted a representation to the Director General, School Education requesting adjustment at any place as per the policy instructions of the Government of Haryana dated 31.03.2010. No reply to the representation dated 04.10.2011 submitted by the petitioner was received.;


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