STATE OF NAGALAND Vs. G VASANTHA

JUDGEMENT

(1.) This appeal, by special leave, by the appellant-State is directed against the judgment and order of the High Court of Assam and Nagaland, dated March 4, 1968 in Civil Rule No. 206 of 1967 (reported in AIR 1969 Assam 3) by which the High Court quashed an order passed by the Deputy Director of Education, Nagaland, dated February 10, 1967 terminating the services of the respondent as an Assistant Teacher with effect from April 1, 1967.

(2.) The respondent was appointed by an order of the Chief Secretary of Nagaland, dated October 23, 1962 as an Assistant Teacher and she was posted in Zunheboto Government High School. The category of the post to which she was appointed was Class III (Non-Gazetted). By an order dated February 16, 1967 of the Deputy Director of Education, Nagaland, the services of the respondent as Assistant Teacher were terminated with effect from April 1, 1967.

(3.) The respondent filed Civil Rule No. 206 of 1967 in the High Court of Assam and Nagaland for quashing the order dated February 16, 1967 terminating her services. According to her she had served as a teacher for a period of five years and she was fairly high in the Seniority List and that her work has been completely free from any blemish. While so, without giving any reason her services had been terminated arbitrarily and illegally. She also pleaded that by virtue of the order dated November 10, 1966 of the State Government, her services as well as the post which she held had both been made permanent. It was her further case that she had been appointed by the Chief Secretary of the Government, while the order of termination was by a subordinate officer, viz., the Deputy Director of Education. On these grounds the respondent pleaded that the order terminating her services was illegal and opposed to the principles of natural justice and there had been a breach of the provision of Article 311.