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/Di strict 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 Shikhsa Visharad (LTC) passed by her from Hindi Sahitya Sammelan, Prayag, Allahabad was not ( related 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 3.11.95 calling upon them to give her appointment letter for the post of Hindi teacher but to not effect. Eventually she filed civil suit No. 32 of 1995 titled Krishna Devi v. State of Haryana -seeking direction to the 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 jointed 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.) SMT . Krishna Devi filed suit for declaration against the State of Haryana/DEO, Bhiwani to the effect that office letter No. 1850 dated 21.8.97 of DEO, Bhiwani was wrong,) illegal, without jurisdiction, arbitrary and was against the principles of natural justice, as such liable to be set aside and further order dated 8.10.99 of DEO, Bhiwani ordering the termination of her services was wrong, illegal, without jurisdiction, mala fide and the said order was not binding on her and was liable to be set aside and she was entitled to continue on the pest of Hindi teacher and for permanent injunction restraining the State of Haryana/DEO, Bhiwani from terminating her services on the basis of letter No. 1850 dated 21.8.97. It was alleged in the plaint that DEO, Bhiwani had no right to issue instruct ions to terminate her services as she had been given appointment in compliance of the decree of the court dated 10.9.96 (ibid) against which no appeal was filed. It was a binding decree. No opportunity of hearing was given to her before terminating her services. It was alleged in the plaint that DEO, Bhiwani passed an order No. EST -2/99/6251 -53 dated 8.10.99 terminating her services which was illegal, null and void, against law and facts which is against the spirit of the decree. Along the plaint, the plaintiff made an application for the grant of temporary injunction restraining the defendants State of Haryana/DEO, Bhiwani from terminating her services from the post of Hindi Teacher as she was holding Shikhsa Visharad qualification from Hindi Sahitya Sammelan, Prayag, Allahabad which was equivalent to O.T. of the State of Haryana. Additional Civil Judge (Senior Division), Bhiwani allowed this application vide order dated 27.10.99 and gave her the injunction prayed for State of Haryana/DEO, Bhiwani went in appeal which was allowed by Additional District Judge, Bhiwani vide order dated 5.5.2000.