Hemant Gupta, J. - (1.) THE challenge in the present writ petition is to the order dated 03 -01 -2008 (Annexure P -18) wherein the Management of the petitioner -School was dissolved with immediate effect and Sh. Harbir Singh Anand, Lecturer in Commerce was appointed as Principal/Manager/Receiver of the School under Section 4 of Punjab Aided School (Security of Service) Act, 1969 (hereinafter referred to as 'the Act') as applicable to the Union Territory, Chandigarh.
(2.) THE brief facts which led to the passing of the aforesaid order is that one Jaswant Singh was discharging the duties of the Principal of the School. The said school is receiving 95% grant -in -aid from Chandigarh Administration. The School has a Managing Committee consisting of 16 members. Such Managing Committee is approved by the Education Department on yearly basis in terms of the provisions of Education code under which the petitioner is receiving grant on Delhi pattern. Mr. Jaswant Singh was to retire on attaining the age of superannuation of 58 years on 31 -08 -2006. He was awarded a State award for his service to the Cause of Education. As a State awardee, Mr. Jaswant Singh claimed extension for one year i.e. upto 31 -08 -2007. Since there was no response to the claim of the extension of service as a State Awardee, Mr. Jaswant Singh filed a CWP No. 13541 of 2006 before this Court. On 29 -08 -2006, the Division Bench of this Court passed an order that the petitioner will not be relieved from his duties till the next date. It was on 07 -09 -2007, such interim order was vacated when it was noticed that the petitioner has since completed his period of re -employment as a State Awardee as well. Subsequently, on 13 -11 -2007, the writ petition was dismissed having rendered infructuous but with a direction that the petitioner shall hand over the charge immediately if not handed over so far.
(3.) AS a consequence of the order passed by this Court on 07 -09 -2007, an order was passed by the Managing Committee on 17 -09 -2007 reliving Mr. Jaswant Singh as Principal from 07 -09 -2007 but on 18 -09 -2007, Mr. Jaswant Singh was re -employed on contract basis from 10 -09 -2007 till the appointment of a regular Principal. The letter dated 18 -09 -2007 (Annexure P7) further stipulated that Mr. Jaswant Singh would be paid salary by the Management out of its own resources.;