STATE OF PUNJAB Vs. AVTAR KAUR

JUDGEMENT

(1.) Brief facts leading to this Letters Patent Appeal by the State of Punjab, against the judgment of the learned Single Judge are that respondents (writ-petitioners) were appointed as ad hoc Social Studies Mistresses in Government Girls High School, Chohla Sahib, District Amritsar. Vide orders Annexures P-2 and P-3, dated 6th March, 1976, respondent No. 3 namely, Shri Balraj Singh Hundal, Principal, Government Higher Secondary School, Chohla Sahib, relieved the writ-petitioners. It was these orders which were impugned in the writ petition in this Court.

(2.) The case which was put forth by the writ-petitioners before the learned Single Judge, was that the Principal, Shri Balraj Singh Hundal, was not competent to remove them from their ad hoc appointments. This argument of the writ-petitioners found favour with the learned Single Judge, who accepted the writ petition and quashed the orders Annexures P-2 and P-3. Aggrieved by the said State of judgmeut, the State of Punjab has come up in appeal. It may be stated that when the Letters Patent Appeal was admitted on 18th of July, 1983, the operation of the judgment of the learned Single Judge was stayed.

(3.) The learned counsel for the appellants submitted that the petitioners were appointed purely on ad hoc and temporary basis against the leave vacancies or for fixed periods and on the expiry of the period of appointment or on the termination of the leave arrangement, the appointments of the writ-petitioners automatically stood, terminated and, in fact, there was no necessity to pass any order terminating their services. Learned counsel drew our attention to paragraphs 2, 3 and 6 of the written statement which are in the following terms :-