SANTAN DHARAM HIGH SCHOOL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Respondent No. 4 was appointed as a Sanskrit Teacher in S.D. High School, Gurgaon on 1.11.1957. He was retired vide order dated September 6, 1982 (Annexure P-2) on the ground that he had completed the age of 55 years on 3.4.1982 and had also failed to get himself qualified in spite of several attempts and persistent requests by the Management. It was explained that the Management was not receiving the grant-in-aid from the State Government since he was not a qualified Teacher. Respondent No. 4 filed a representation before the District Education Officer, Gurgaon, who vide her order dated 22.3.1983 accepted the same and set aside the order of his retirement. According to her, as per the instructions issued by the Haryana Education Board, no Teacher in position on 30.11.1967 could be removed by the Management without the prior approval of the Department. Not satisfied with the said order, the Management preferred an appeal before the Director, Public Instructions, Haryana, who vide his order dated 6.10.1983 (Annexure P-5) dismissed the same. According to him, respondent No. 4 was a permanent employee of the Institution and his services could not have been terminated in the manner in which it had been done by the petitioner-Management. It was held by him that the termination of respondent No. 4 tantamounted to punishment which appeared to be unjustified and ever harsh qua the employee who had served an Institution for a long period of 25 years. It is against these orders that the present writ petition has been field by the Management.

(2.) A perusal of the order dated September 6, 1982 (Annexure P-2) shows that one of the grounds for retiring respondent No. 4 was that he had not got himself qualified in spite of several attempts and persistent requests by the Management which has resulted in stoppage of grant-in-aid from the State Government. The petitioner Management in para 2 of its writ petition has explained the entire position and has also referred to the instructions of the Director, Public Instructions, Haryana contained in letter dated 12.8.1969, a copy of which is available on record as Annexure R-1, whereby the untrained and less qualified Teachers were directed to acquire prescribed academic and professional qualification by the end of the year 1974, failing which they were not to be retained in service.

(3.) It is the common case of the parties that respondent No. 4 had failed to acquire the necessary qualification for the post of Shastri O.T. by the end of the year 1974. He could have been removed from service thereafter in accordance with the aforesaid instructions of the Haryana Government. This was, however, not done and he was allowed to continue in service by the Management till 6.9.1982 despite the fact that no grant-in-aid was being received against his post. In this view of the matter, the Management has been more than considerate towards respondent No. 4 and no fault can be found with the action of the petitioner-Management retiring him on 6.9.1982. Neither the District Education Officer nor the Director, Public Instructions has taken note of this aspect.