JARNAIL KAUR, J.B.T. TEACHER Vs. THE STATE OF PUNJAB AND OTHERS
LAWS(P&H)-1986-2-78
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 28,1986

Appellant
VERSUS
Respondents

JUDGEMENT

I.S. Tiwana, J. - (1.) The petitioner was appointed as a J.B.T. Teacher on July 29, 1975 on ad hoc basis and she continued as such upto April 16, 1977 when she was relieved of that post on the joining of a regular hand. On May 3, 1977 the State Government issued instructions (Annexure P.l) whereby it was laid down that the ad hoc appointees who had completed their one year's service by March 31, 1977 and fulfilled the other conditions laid down in those instructions, were to be regularised against the posts manned by them. The petitioner claims regularisation of her services in the light of these instructions of the State Government. As against this the stand of the respondents is that she is no more in service and rather did not choose to seek appointment after April 20, 1977 and thus her services cannot be regularised. It is further explained on behalf of the respondents that as a matter of fact after her being relieved of her post on April 16, 1977, she was given a fresh order of appointment on April 20, 1977, vide Annexure R. 1 with a direction to join a vacant post in Government Middle School, Kattian Wali, District Faridkot. The case of the petitioner in reply to this stand of the department is that as a matter of fact she went to the school at Kattian Wali but the Headmaster of the School informed her that no vacant post was available against which she could be allowed to join. This stand of the petitioner seems to be well supported by certain communications which were exchanged between the District Education Officer and the Block Education Officer and the Headmaster of the School wherein the latter two authorities took a categorical stand that no post of J.B.T. Teacher was available in that school in the month of April 1977.
(2.) During the course of arguments another plea has been raised by Mr. Nagra, learned counsel for the repondents that as a matter of fact the petitioner was working against a leave vacancy and on that account also she was not entitled to be regularised in the light of the instructions Annexure P.l wherein it has specifically been laid down that only those ad hoc appointees would be regularised who were working against regular posts. But no such plea was taken in the written statement.
(3.) Keeping in view the various disputed aspects of the matter which need to be gone into thoroughly in the light of the records and various instructions issued by the Government from time to time, I deem it proper not to express any final opinion on the merits of this case at this stage. At the same time I feel it necessary to direct the District Education Officer, Faridkot, to go into the case of the petitioner in the light of all the averments made in this petition to find out as to whether she is entitled to regularisation in the light of Government instructions Annexure P.l or any subsequent instructions which were issued by the State Government in this regard. He would complete this process of consideration within a period of three months from today and dispose of the whole matter by passing a speaking order discussing all the aspects of the case. No costs. Petition partly allowed.;


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