AUGUSTINE GEORGE MASIH, J. (ORAL)
By this order, I propose to dispose of Civil Writ Petitions No.
21852, 21855, 21867, 21871, 21909, 21966, 21969, 22039, 22412, 22443, 22482, 22626 and 22662 of 2012 as common questions of facts and law are involved in these writ petitions.
Counsel for the petitioner contends that after the passing of the
order dated 30.03.2011 by a Division Bench of this Court in CWP No. 6090 of 2010 titled as Tilak Raj Versus State of Haryana and others, whereby a direction was issued to the State of Haryana that the Guest Faculty Teachers shall not be allowed to continue beyond 31.3.2012, an application i.e. C.M. No. 17483 of 2011 for continuing the Guest Faculty Teachers beyond the said date, was moved in the High Court by the State of Haryana with a proposal,
specifying therein the time schedule within which regular appointments would be made, but the said application was rejected by this Court, vide order dated 15.3.2012. State of Haryana and some other Guest Faculty Teachers approached the Hon'ble Supreme Court by filing Special Leave Petitions. In
Special Leave to Appeal (Civil) No. 5956 of 2012 titled as Naresh Kumar and others Versus State of Haryana and others, the Hon'ble Supreme Court, vide order dated 30.3.2012, ordered that no fresh appointments of Guest Teachers shall be made after 1.4.2012 and the exercise indicated in the affidavit dated 19.3.2012 affirmed by the Financial Commissioner and Principal Secretary to Government of Haryana, School Education Department to adhere to the time schedule must be completed within time specified in the
Scheme and no further extension or deviation therefrom will be permitted. It was further ordered that till then, the Guest Teachers may be allowed to continue to function as they have been doing so far. He on this basis submits that as per the schedule given by the
Government of Haryana and the above order of the Hon'ble Supreme Court, the Guest Faculty cannot continue in service beyond 31.12.2012.
On a Public Interest Litigation filed in this Court, an order dated
10.9.2012 was passed in CWP No. 3990 of 2012 titled as Bijender Kumar Versus State of Haryana and others, on the basis of which, the order terminating the services of the petitioner has been passed by the Director, Elementary/Secondary Education, Haryana. Challenging the said order, some of the Guest Faculty Teachers approached the Hon'ble Supreme Court by filing Special Leave to Appeal (Civil) No. 18434 of 2012 titled as Neelam Kumari and others Versus State of Haryana and others, in which, vide order
dated 19.10.2012, Special Leave to Appeal stands granted and notice has been issued. In the meantime, having regard to the earlier order dated 30.03.2012 passed by the Hon'ble Supreme Court in SLP No. 5956 of 2012, Naresh Kumar and others Versus State of Haryana and others, where it was observed
that the Guest Teachers shall be allowed to continue as they had been doing, the impugned order of the High Court dated 10.09.2012 has been stayed.
Notice of motion was issued by this Court and the operation of
the order terminating the services of the petitioner was stayed.
Counsel for the respondents prays for an adjournment to file reply
to the writ petition. Counsel for the petitioner contends that the petitioner be allowed to continue in service till 31.12.2012 as per the order passed by the Hon'ble Supreme Court.
In the light of the facts and submissions made by the counsel for
the petitioner as recorded above, this Court is of the view that reply on behalf of the State is not necessary as in the light of the Supreme Court order Guest Teachers would continue in service till 31.12.2012.
The present petition is disposed of with directions to the respondents to allow the petitioner to continue in service till 31.12.2012, on which date, the services of the petitioner shall automatically stand terminated. Liberty is, however, granted to
the petitioner to approach the Court in case the Hon'ble Supreme Court grants further extension in service to the Guest Faculty Teachers.
(AUGUSTINE GEORGE MASIH)
JUDGE
10.12.2012
By this order, I propose to dispose of Civil Writ Petitions No.
21852, 21855, 21867, 21871, 21909, 21966, 21969, 22039, 22412, 22443, 22482, 22626 and 22662 of 2012 as common questions of facts and law are involved in these writ petitions.
Counsel for the petitioner contends that after the passing of the
order dated 30.03.2011 by a Division Bench of this Court in CWP No. 6090 of 2010 titled as Tilak Raj Versus State of Haryana and others, whereby a direction was issued to the State of Haryana that the Guest Faculty Teachers shall not be allowed to continue beyond 31.3.2012, an application i.e. C.M. No. 17483 of 2011 for continuing the Guest Faculty Teachers beyond the said date, was moved in the High Court by the State of Haryana with a proposal,
specifying therein the time schedule within which regular appointments would be made, but the said application was rejected by this Court, vide order dated 15.3.2012. State of Haryana and some other Guest Faculty Teachers approached the Hon'ble Supreme Court by filing Special Leave Petitions. In
Special Leave to Appeal (Civil) No. 5956 of 2012 titled as Naresh Kumar and others Versus State of Haryana and others, the Hon'ble Supreme Court, vide order dated 30.3.2012, ordered that no fresh appointments of Guest Teachers shall be made after 1.4.2012 and the exercise indicated in the affidavit dated 19.3.2012 affirmed by the Financial Commissioner and Principal Secretary to Government of Haryana, School Education Department to adhere to the time schedule must be completed within time specified in the
Scheme and no further extension or deviation therefrom will be permitted. It was further ordered that till then, the Guest Teachers may be allowed to continue to function as they have been doing so far. He on this basis submits that as per the schedule given by the
Government of Haryana and the above order of the Hon'ble Supreme Court, the Guest Faculty cannot continue in service beyond 31.12.2012.
On a Public Interest Litigation filed in this Court, an order dated
10.9.2012 was passed in CWP No. 3990 of 2012 titled as Bijender Kumar Versus State of Haryana and others, on the basis of which, the order terminating the services of the petitioner has been passed by the Director, Elementary/Secondary Education, Haryana. Challenging the said order, some of the Guest Faculty Teachers approached the Hon'ble Supreme Court by filing Special Leave to Appeal (Civil) No. 18434 of 2012 titled as Neelam Kumari and others Versus State of Haryana and others, in which, vide order
dated 19.10.2012, Special Leave to Appeal stands granted and notice has been issued. In the meantime, having regard to the earlier order dated 30.03.2012 passed by the Hon'ble Supreme Court in SLP No. 5956 of 2012, Naresh Kumar and others Versus State of Haryana and others, where it was observed
that the Guest Teachers shall be allowed to continue as they had been doing, the impugned order of the High Court dated 10.09.2012 has been stayed.
Notice of motion was issued by this Court and the operation of
the order terminating the services of the petitioner was stayed.
Counsel for the respondents prays for an adjournment to file reply
to the writ petition. Counsel for the petitioner contends that the petitioner be allowed to continue in service till 31.12.2012 as per the order passed by the Hon'ble Supreme Court.
In the light of the facts and submissions made by the counsel for
the petitioner as recorded above, this Court is of the view that reply on behalf of the State is not necessary as in the light of the Supreme Court order Guest Teachers would continue in service till 31.12.2012.
The present petition is disposed of with directions to the respondents to allow the petitioner to continue in service till 31.12.2012, on which date, the services of the petitioner shall automatically stand terminated. Liberty is, however, granted to
the petitioner to approach the Court in case the Hon'ble Supreme Court grants further extension in service to the Guest Faculty Teachers.
(AUGUSTINE GEORGE MASIH)
JUDGE
10.12.2012
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