KRISHNA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This Revision is directed by Smt. Krishna Devi against the order dated 5.5.2000 of Additional District Judge, Bhiwani, whereby he allowed the Appeal of the State of Haryana/District Education Officer (DEO),. Bhiwani from the order of Civil Judge (Senior Division), Bhiwani who had stayed the operation of the order terminating her services.

(2.) Smt. Krishna Devi joined the service of the State of Haryana as Hindi Teacher on 12.10.96 in pursuance of the judgment and decree dated 10.9.96 passed by Additional Civil Judge (Senior Division), Bhiwani in her favour. It was held that Shiksha Visharad obtained by her from Hindi Sahitya Sammelan Prayag, Allahabad was equivalent to O.T., as such, she could not be treated as not fulfilling qualification for appointment as Hindi Teacher. She appeared at interview for the post of C&V (Hindi Language Teacher) before the District Education Officer, Bhiwani in pursuance of the letter No. STA-94/322-521 dated 27.6.94. No appointment letter was however, issued to her as Shiksha Visharad (LTC) passed by her from Hindi Sahitya Sammelan Prayag, Allahahad was not treated equivalent to O.T. She passed Shiksha Visharad (LTC) in 1988 which is equivalent to O.T. District Education Officer, Bhiwani acted arbitrarily and did not issue her appointment letter. She requested him several times to issue her appointment letter but to no effect. She served notice upon the State of Haryana/District Education Officer, Bhiwani as envisaged in Section 80 CPC on 3.1.1.95 calling upon them to give her appointment letter for this post of Hindi Teacher but to no effect. Eventually she filed Civil Suit No. 32 of 1995 titled Krishna Devi v. State of Haryana seeking direction to the State of Haryana to issue her appointment letter. That Suit was decreed by Additional Civil Judge (Senior Division), Bhiwani vide order dated 10.9.96 who directed DEO, Bhiwani to give her appointment to the post of Hindi teacher. She joined the service of the State of Haryana as Hindi Teacher on 12.10.96 in pursuance of the judgment/decree dated 10.9.96 (ibid) in Govt. High School, Mandhana, District Bhiwani. It was held that Shiksha Visharad obtained by her from Hindi Sahitya Sammelan Prayag, Allahabad was equivalent to O.T.

(3.) Vide letter No. 1850 dated 21.8.97, District Education Officer, Bhiwani issued instructions to Headmaster, Govt. High School, Mandhana to terminate her services after notice to her in the wake of the decision of a Division Bench of this Court rendered in Ram Bhagat Sharma etc. v. State of Haryana & others (CWP No. 16320 of 1996).