KIRANJOT SINGH Vs. DIRECTORATE OF EDUCATION & ANR

JUDGEMENT

(1.) Impugned order of 17th May, 2017 (Annexure-A/32) declines petitioner's application for re-employment, while noting that on 2nd February, 2017, a warning was issued to petitioner to abstain herself from inflicting corporal punishment, which was preceded by a Show-Cause Notice of 31st January, 2017. Impugned order also notes that ShowCause Notice of 15th February, 2017 was issued to petitioner for her misconduct in the Principal's room and that complaints were received from the parents and the students. Impugned order concludes that all relevant records, including ACRs and memo issued to petitioner for the last five years, have been perused and thereafter, re-employment has been denied to petitioner.

(2.) The challenge to impugned order by petitioner's counsel is on the ground that denial of re-employment to petitioner is arbitrary and not in conformity with the Notification of 29th January, 2007 (Annexure-A/2 colly.). It is pointed out by petitioner's counsel that re-employment to all the retiring teachers upto PGT level is to be automatically allowed, subject to fitness and vigilance clearance.

(3.) Learned counsel for petitioner submits that service record of petitioner has been good and the complaint regarding inflicting of corporal punishment to a student is false and that various memos have been issued to petitioner on frivolous grounds of talking on mobile phone during class and on account of her being late for substitution classes, refusal to collect fees, etc. It is submitted by petitioner's counsel that petitioner is recipient of 'letter of appreciation' from Human Resource Development Minister in the year 2014 and Role Model Teacher Award has been bestowed upon petitioner in the year 2015, which justifies re-employment of petitioner. It is also pointed out by petitioner's counsel that Maullana Abul Kalam Azad Excellence Award for Education-2015 has been bestowed upon petitioner on account of her distinguished service in the field of education.