NASIB KAUR, SOCIAL STUDIES MISTRESS Vs. THE STATE OF PUNJAB AND OTHERS
LAWS(P&H)-1986-7-85
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 24,1986

Appellant
VERSUS
Respondents

JUDGEMENT

I.S. Tiwana, J. - (1.) The petitioner who was initially appointed as a Social Studies Mistress on ad hoc basis on Aug. 26, 1974, and was later relieved on Aug. 25, 1976, claims that her services deserved to be regularised with effect from April 1, 1977 under the Government instructions dated May 3, 1977 (Annexure P.l). Though she has concededly been so regularised with effect from Oct. 1, 1980 in the light of certain other instructions issued subsequent to Annexure P.l, yet Mr. Chopra, learned counsel appearing for her contends vehemently that her termination on Aug. 26, 1976 being illegal, she is entitled to the benefit of instructions Annexure P.l as according to him, the said illegal termination could not lead to a break in her service. In support of this stand of this he has made a reference to certain communication, i.e., Annexures P.5, P.6 and P.7, where from some indication is available to the effect that at some stage the District Education Officer did form the opinion that the termination of her services on Aug. 25, 1976 was illegal. At the same time she was taken back into service vide order dated April 4, 1977 Annexure P.6 wherein it was mentioned that she was being appointed again or was re-appointed as a Social Studies Mistress. The above noted controversy, i.e., if the termination of petitioner's services on Aug. 25, 1976, was illegal, then where was the question of her re-appointment vide Annexure P.6, is not explained even in the written statement which too has been filed by the District Education Officer, Faridkot. In view of this factual position 1 feel that the only proper course is to direct the District Education Officer, Faridkot, to go into the matter again and to find out as to whether the termination of petitioner's services on Aug. 25, 1976, was in any way illegal or violative of any instructions or rules, and if so, whether she in entitled to be regularised with effect from April 1, 1977 in the light of Annexure P.l. I order accordingly. The District Education Officer would complete this process of consideration within a period of four months. In case he finds that the petitioner is entitled to be so regularised, he would submit the papers to the authorities concerned for proper orders within the above specified period. 1, however, pass no order as to costs. Petition allowed.;


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