STATE OF PUNJAB Vs. DALBIR KAUR KALYAN

JUDGEMENT

(1.) We grant leave to appeal.

(2.) Fourth appellant Daljit Kaur Chadha, a teacher, was granted State Award on 5-9-1988 in recognition of valuable services rendered by her to the community as a teacher of outstanding merit. At the time of the grant of Award she was working as a Principal in the Government Senior Secondary School, Sector 8, Chandigarh. She was to retire on 28-2-1999 on attaining the age of superann-uation. A notification dated 26-2-1999 was accordingly issued retiring her on 28-2-1999. However, on the basis of the State Award and recognition of her outstanding merit she was re-employed with effect from 1-3-1999 for one year. This was by order dated 9-3-1999 of the State of Punjab, the first appellant. The order of re-employment was issued by the Secretary Education, Punjab with the approval of the Department of Personnel and Administrative Reforms. For extension of services for one year State Government had relied on its instructions dated 9-10-1989.

(3.) This order of the State Government dated 9-3-1999 extending the services of Daljit Kaur Chadha was challenged by the respondent Dalbir Kaur Kalyan in a writ petition in the Punjab and Haryana High Court. Respondent had contended that extension of service of Daljit Kaur Chadha was illegal being in contravention of the later Government instructions dated 6-5-1997. High Court agreed with the contention of the respondent, allowed the writ petition and quashed the order dated 9-3-1999. It, however, directed that no recovery be made from Daljit Kaur Chadha from the emoluments paid/payable in lieu of services rendered by her on re-employment/extension in service till the date of the judgment, i.e., dated 11-10-1999. Against this judgment of the High Court present appeal has been filed.