D.V. Sehgal, J. - (1.) The Managing Committee, Fentonganj Girls Higher Secondary School, Jalandhar, the petitioner, has through tho present writ petition prayed for the issuance of a writ of certiorari quashing orders dated 7-7-1983 Annexure P.2 and 13-11-1984 Annexure P. 3 passed by the Director, Public Instruction (Schools), Punjab, respondent No. 3, and the Commissioner, Jalandhar Division respondent No. 2, respectively.
(2.) The facts in brief are that Smt. Vinod Bala respondent No. 4 was appointed as a Hindi teacher in the Fentonganj Girls Higher Secondary School, Jalandhar, in a leave vacancy on temporary basis in the year 1978. The petitioner claims that on the return of the permanent incumbent of the office, she was relieved from the post of teacher in the year 1982, She, however, filed an appeal before respondent No. 3. who assumed jurisdiction as the Appellate Authority under the provisions of the Punjab Privately Managed Recognised School Employees (Security of Service) Act, 1979 (hereinafter celled 'the Act') and vide order dated 7-7-1983 Annexure P. 2 set aside the order dated 8-1-1982 terminating her services. The petitioner thereupon preferred an appeal before respondent No, 2 which was, however, dismissed vide order dated 13-11-1984 Annexure P. 3 and the order of respondent No. 3 was upheld.
(3.) The grievance of the petitioner is that since respondent No. 4 had been employed against a leave vacancy which had been caused on the permanent teacher Smt. Kamla Datta proceeding on leave, on the latter re-joining the duty the services of respondent No. 4 were rightly terminated on 8-1-1982. It was not by way of punishment and as such the provisions of the Act were not attracted. Various other grounds have been put forward to challenge the impugned orders, but I do not deem it necessary to refer to the same.;