- (1.) Petitioner assails an order dated 11.01.2015 (Annexure P-9) issued by the Director Elementary Education, Haryana, Panchkula whereby her claim to be reinstated as Hindi Teacher (Guest Faculty) has been declined.
(2.) Brief facts that would require notice are that the petitioner was initially engaged as a Guest Faculty Teacher on 30.07.2004. Her services were dispensed with on account of a regularly selected candidate having joined on 24.05.2007. On the very next day i.e. 25.05.2007, petitioner was again adjusted as Hindi Guest Teacher in a Government Senior Secondary School, District Panchkula. On 09.01.2009, services of the petitioner were dispensed with ostensibly on the ground that she did not possess the qualifications prescribed for the post of Hindi Teacher. Petitioner at that stage filed CWP No.6292 of 2009 impugning the order of her being relieved from service and vide order dated 27.04.2009, the same was dismissed. Petitioner thereafter even preferred CWP No.9846 of 2014 before this Court asserting a right that she is entitled to be reinstated/adjusted in service as per various policy decisions taken by the Government of Haryana. Even such claim was negated and the writ petition was dismissed on 21.05.2014. Such order of dismissal was even affirmed by the Letters Patent Bench vide order dated 14.08.2014 in LPA No.1302 of 2014 preferred by the petitioner.
(3.) The instant petition is yet another attempt by the petitioner to seek reinstatement. Mr. Ramesh Hooda, learned counsel appearing for the petitioner would concede that at the time of her initial engagement on the post of Hindi Teacher, petitioner did not possess the requisite qualifications prescribed for the post under the relevant statutory provisions i.e. the Haryana State Education School Cadre (Group 'C') Service Rules 1998 but would contend that thereafter the requisite qualifications have been acquired. Counsel would place heavy reliance upon the observations made by the Letters Patent Bench in an order dated 24.05.2016 while disposing of LPA No.777 of 2015 (Ritu and others Vs. State of Haryana and another) at Annexure P-10 and which as per him was filed by certain teachers who were similarly situated. Argument raised is that the tag of being not qualified at the initial stage of entry into service as a Guest Faculty Teacher would not survive even qua the present petitioner and in the light of the fact that the appellants in LPA No.777 of 2015 i.e. Ritu and others have since been re-engaged, the petitioner would also be vested with the right for grant of similar benefit. It is vehemently contended that such aspect has been completely overlooked by the Director General Elementary Education, Haryana while passing the impugned order dated 11.01.2015 at Annexure P-9. Having heard counsel for the petitioner at length this Court is of the considered view that the writ petition is bereft of merit.;