Sunday 17 July 2011

High Court Decision regarding Teachers confirmation

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of decision: 7.3.2011
(1) C.W.P. No. 18340 of 2010
Ramesh Malik ................Petitioner
Versus
State of Haryana and another ...................Respondents
(2) C.W.P. No. 16658 of 2010
Narender Kumar ................Petitioner
Versus
State of Haryana and others ...................Respondents
CORAM:- HON'BLE Mr. JUSTICE RANJAN GOGOI CHIEF JUSTICE
HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present: Mr. R.S.Dhull, Advocate,
for the petitioner (in C.W.P. No. 18340 of 2010)
Mr. Jagdeep Singh & Mr.Sajjan Singh, Advocates
for the petitioner (in C.W.P No.16658 of 2010)
Mr. Kulvir Narwal, Additional Advocate General Haryana
for the respondents
RANJAN GOGOI, CJ. : (Oral)
Both the Public Interest Litigations have been filed seeking the intervention of the court in the matter of confirmation of Teachers, Lecturers, Head Masters and Principals in different schools who have completed their probation period long back. Co-incidentally the petitioners in both the cases also seek their own confirmation in service on the ground that they are similarly situated to a large number of persons on whose behalf the present Public Interest Litigations have been filed. Though an element of personal interest is evident insofar as the petitioners themselves are concerned, however, having regard to the larger issue involved and also the stand taken by the State in the reply filed today in the court, we are of the view that the personal interest of the petitioners should not come in the way of adjudication of the writ petitions. In the reply filed by the Assistant Director, HRG-1 of the office of the Director, School Education Haryana it has been stated that by order 10.2.2011 the services of 373 Principals have been confirmed and by another order dated 24.1.2011 similar confirmations have been made in respect of 511 Head Masters. In the aforesaid reply, the respondents have also stated that by order dated 21.4.2009 confirmation order in respect of 6410 Lecturers have been issued and the process of confirmation of Masters and C&V Teachers is under active consideration of the department and necessary orders will be issued shortly. In view of the aforesaid stand taken by the respondent-State in the reply filed, we are of the view that both the writ petitions should be disposed of by directing that the confirmation process in respect of Masters and C&V Teachers alongwith Lecturers, Head Masters and Principals, in respect of whom confirmation orders are yet to be passed, shall be completed by the respondent-State, after due verification, within a period of four months from today. Both the Public Interest Litigations are disposed of in the above terms.
(RANJAN GOGOI)
CHIEF JUSTICE
(AUGUSTINE GEORGE MASIH)
JUDGE
March 8, 2011
RSK
NOTE: Whether to be referred to the Reporter or not? _____
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