PRABHU NATH PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) In this batch of writ applications under Article 226 of the Constitution, petitioners have challenged notices terminating their services as teachers in the Army School, Narengi in Guwahati.

(2.) The petitioner in W.P.(C) No. 5078/99, Shri Prabhu Nath Pandey, was appointed by the letter dated 14.11.92 of the Chairman, Army School, Narengi as a Trained Graduate Teacher in the Army School, Narengi at Guwahati. In the said appointment letter dated 14.11.92, it was stipulated that the post was purely temporary and services of the petitioner can be terminated by the Chairman at any time without assigning any reason or short notice. It was also stipulated in the said letter that the Principal will submit performance report of the petitioner after every three months to the Chairman. Pursuant to the said appointment, the petitioner worked as a Trained Graduate Teacher in Sanskrit in the said school on ad- hoc basis on extensions given to him from time to time. By letter dated 4.8.98, the appointment of the petitioner was upgraded from the status of an adhoc teacher to the status of a probationer. In the said letter dated 4.8.98 issued on behalf of the Chairman, Army School, Narengi, it was stipulated that the octitioner will be kept on probation for six months from 1.8.98 to 31.1.99. Thereafter, by letter dated 30.4.99, as per the directions of the Chairman of the Army School, Narengi, the Principal of the School informed the petitioner that his probation period has been extended to six months from 31.1.99 to 31.7.99 to enable him to improve his performance. By letter dated 17.8.99 issued on behalf of the Chairman, Army School, Narengi, the petitioner was again informed that the period of his probation was extended for another six months till 31.1.2000. but by the impugned notice dated 9.9.99 issued by the Chairman, Army School, Narengi, the petitioner was informed that through a performance analysis, various shortcomings have been noticed in his functioning as a Trained Graduate Teacher(Sanskrit) and that as per Article 129(a) of the AWES Rules and Regulations for Army Schools, 1997, services of the petitioner was terminated w.e.f 15.10.99. Aggrieved, the petitioner has prayed for quashing the said notice dated 9.9.99 terminating his services as a Trained Graduate Teacher(Sanskrit).

(3.) The petitioner in W.P.(C) No. 5120/99, Mrs. Riju Sharma, was appointed as a Primary Teacher (PRT) in the Army School, Narengi on probation for a period of one year w.e.f. 01 Aug, 1998 by letter dated 25.7.98 issued on behalf of the Chairman of the Army School, Narengi. In the said appointment letter, it was stipulated that the appointed of the petitioner will be confirmed after one year provided her performance was found to be satisfactory by the School Management. Pursuant to the said appointment, the petitioner worked as a Primary Teacher in the aforesaid school. By letter dated 1.11. 98, the petitioner was upgraded to the post of Trained Graduate Teacher to which she was appointed on probation for one year w.e.f 9.11.98 and it was stipulated in the said letter of appointment dated 1.11.98 that the appointment of the petitioner as a Trained Graduate Teacher will be confirmed after one year provided her performance was found to be satisfactory by the School Management. But by notice dated 9.9.99, the petitioner was informed that through a performance analysis, various shortcomings have been noticed in her functioning as Trained Graduate Teacher and that her services were terminated w.e.f. 15.10.99 as per Article 129(a) of AWES Rules and Regulations for Army Schools, 1997. Aggrieved, the petitioner has prayed for quashing of the said notice dated 9.9.99 terminating the services of the petitioner.