BALWINDER SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-1969-2-37
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 25,1969

BALWINDER SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

- (1.) The petitioner joined service as Social Studies Master in the Punjab Education Department on December 17, 1965. He is B.A. B.Ed. and his first appointment was made as a direct recruit against a permanent vacancy in an officiating/temporary capacity. He was one of the numerous teachers who had been approved for appointment by the Subordinate Service Selection Board. He was offered an appointment by the Circle Education Officer as a Social Studies Master in the Government High Court School, Gandhar in the district of Kangra on December, 9, 1965. The place of posting was changed to Kila Raipur in the district of Ludhiana at the request of the petitioner. The letter of appointment was issued to the petitioner by the Circle Education Officer on December 13, 1965, of which condition 3 was as under :- "The appointment is officiating/temporary but there is likelihood of its being made permanent in due course. In case of resignation or discharge on grounds other than the abolition of the post (except as a result of disciplinary action) one month's notice or one months' pay and allowances in lieu thereof is required on either side."
(2.) While posted at Kila Raipur, a complaint was made against the petitioner, as a result of which he was transferred to Government High and Basic Training School, Narot Jaimal Singh in the district of Gurdaspur on January 1, 1968. From there he was transferred to Government Middle School, Shahkot, tehsil Nakodar, district Jullundur, on May 25, 1968. While serving there, the petitioner received a letter from the Circle Education Officer dated December 21, 1968, reading as under :- "As ordered by the Director, Public Instruction, Punjab vide his order No. 6/90-68-Es(2) dated December 4, 1968, the services of Shri Balwinder Singh, formerly Master, Government High School Kila Raipur, at present working as Master Government Middle School Shahkot, district Jullundur, are hereby terminated with one month's notice in terms of his appointment. The notice served will commence from the date on which these orders are served on him."
(3.) This letter was received by him on January 1, 1969. The petitioner then filed the present writ petition in this Court on January 20, 1969, which was admitted on February 3, 1969 after notice of motion to the respondents. The respondents to the petition are the State of Punjab through the Director, Public Instruction, Punjab, and the Circle Education Officer Jullundur Circle, Jullundur. Return to the writ petition has been filed by the Deputy Director (School Administration) on behalf of the respondents.;


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