G. VASANTHA Vs. THE STATE OF NAGALAND AND ORS.

JUDGEMENT

(1.) IN this petition Under Article 226 of the Constitution the termination of the services of the Petitioner Shrimati G. Vasantha, who was employed with the State of Nagaland as an Assistant Teacher in Zunheboto High School, with effect from 1st April 1967 by an order dated 16th February, 1967 issued by the Deputy Director of Education, Nagaland, Kohima is questioned. claims that she was like nature to quash and cancel the impugned order dated 16 -2 -67 terminating her services and to direct the Respondents including the State of Nagaland to forbear from giving effect to their order terminating her services as mentioned above.

(2.) THE Petitioner first entertained in service in the month of June 1962 and was appointed to the post of Assistant Teacher in Zunheboto High School by the Chief Secretary to the Government of Nagaland. According to the Petitioner, she served faithfully and discharged her duties quite efficiently and to the satisfaction of the authorities concerned. The Petitioner, who is a B. A. (Hons.) Graduate of the Madras University, which is equivalent to an M. A. degree, appears to have earned a good reputation as an assistant teacher, as she claims in the petition and she served in the same school till the last date of March 1967 for a period of nearly five years. She claimed that in the seniority list of the Education Department, her name appeared in the 11th position.

(3.) IT is clear from the submissions made in the case and the affidavits filed, that the Petitioner was in service for a period of nearly five years as a graduate teacher in the employment of the Nagaland Government, and that she had been appointed by the Chief Secretary to the Government of Nagaland, although in a temporary post. It is also clear that the appointment letter Annexure 'A' to the petition dated 23 -10 -62 did say that the service may be terminated by one calendar month's notice in writing on either side. But the point for consideration have been validly terminated in the circumstances of the case.