SMT. SHASHI TEJPAL Vs. STATE OF HARYANA AND ORS.
LAWS(P&H)-2008-3-165
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 11,2008

Smt. Shashi Tejpal Appellant
VERSUS
State Of Haryana And Ors. Respondents

JUDGEMENT

Hemant Gupta, J. - (1.) THE petitioner has invoked the writ jurisdiction of this Court for the issuance of a writ of certiorari so as to quash the order dated 3.8.2007 (Annexure P.10).
(2.) EARLIER the petitioner was appointed on regular basis on 27.7.1980 in S.D. College of Education for Woman (Narwana). The said appointment was approved by the Kurukshetra University and the petitioner was also confirmed. The said college was closed and all the lecturers including the petitioner, were relieved. The Director, Higher Education vide communication dated 13.8.1984 directed the Hindu Girls College, Jagadhri to adjust the petitioner but no appointment letter was issued to the petitioner. It is the case of the petitioner that the petitioner has applied for the post of lecturer in Physical Education in pursuance of the advertisement issued by Guru Nanak Girls College, Santpura, Yamuna Nagar. The petitioner was selected by the duly constituted selection committee and offered appointment on 6.9.1993. The selection committee consisted of a representative of the Director, Higher Education; a nominee of the Vice Chancellor of the University and a subject expert. The appointment of the petitioner was approved by the Kurukshetra University and the services of the petitioner were confirmed on 6.9.1995. It is the case of the petitioner that at the time of her appointment as a lecturer in the physical education, the post against which she was appointed was unsanctioned post. However, one post of lecturer in physical education became available on 1.7.2004. A request was made by the management for converting the post held by the petitioner from unsanctioned post to the sanctioned one, but the same has been declined on 3.8.2007, vide the order impugned in the present writ petition.
(3.) IT is the case of the petitioner that the petitioner has been appointed by following the due procedure provided under Haryana Affiliated Colleges (Security of Service) Act, 1979 (hereinafter referred to as 'the Act') and the Rules framed thereunder. The prayer of the petitioner is for approval of the post of the petitioner as against the sanctioned post, meaning thereby that pay and allowances of the post occupied by the petitioner shall be payable by the State Government in terms of its grants -in -aid policy and not by the management.;


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