PUNAM GARG Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner through instant writ petition under Article 226 of the Constitution of India has challenged the action of respondent No.4-Saraswati Mahila Mahavidyalaya, Palwal disallowing "No Objection Certificate" to the petitioner to enable her to apply for the post of Lecturer in Economics at Maharaja Agrasen College, Jagadhari. She has also challenged the order dated 10.11.2010 (Annexure P-16) and order dated 10.11.2010 (Annexure P-20) passed by Higher Education Commissioner, Haryana, declining to protect the pay of the petitioner by counting the previous service of the petitioner rendered in Govt. aided privately managed Saraswati Mahila Mahavidyalaya, Palwal, for the purpose of protection of pay and grant of pension.

(2.) Briefly stated, the case of the petitioner pleaded in the writ petition is that she was appointed as Lecturer in Economics in Saraswati Mahila Mahavidyalaya, Palwal, a Government aided private College, by a duly constituted Selection Committee w.e.f. 15.07.1989. She was granted senior scale of pay from Rs. 10,000/- to Rs. 15,200/- w.e.f 15.07.1996 and further granted selection grade of Rs. 12,000-18,300/- w.e.f 15.07.1999. She also granted super selection grade on 02.07.2007. The petitioner applied for the post of Lecturer in Economics at Maharaja Agrasen College, Jagadhari, Yamunagar through proper channel and she also sent one copy in advance to the said college. She submitted an application Annexure P-1 dated 04.03.2008 requesting the Principal of Saraswati Mahila Mahavidyalaya, Palwal, to forward the application for post of Lecturer in Maharaja Agrasen College, Jagadhari, Yamunagar. Her application was dealt with by the Management and the following order was passed:

(3.) The petitioner again submitted an application Annexure P-2 dated 04.06.2008 for "No Objection Certificate" praying that her parents living at Jagadhari (District Yamuna Nagar) are not enjoying good health and there was nobody take care of them, her father is a heart patient and mother suffering from joint pains. She also wanted to shift to Jagadhari. She prayed for issuance of "No objection Certificate". Another similar representation dated 04.07.2008 (Annexure P-3) was also submitted by the petitioner. The petitioner on the basis of her application was appointed as Lecturer in Economics in Maharaja Agrasen College, Jagadhari, Yamunagar, as per the proceedings of the Selection Committee dated 15.06.2008 (Annexure P-4). The offer of appointment issued to the petitioner has been appended at Annexure P-6 with the petition. In view of the petitioner having been selected at Jadadhari, she tendered her resignation on 20.08.2008 to the Principal of Saraswati Mahila Mahavidyalaya, Palwal. She deposited a cheque amounting to Rs. 103887/- dated 20.08.2008, in favour of Saraswati Mahila Mahavidyalaya, Palwal equivalent to three months' salary in lieu of notice. Vide order order dated 20.08.2008 (Annexure P-8), she was relieved from her duties with effect from 20.08.2008 pursuant to her resignation. The request of the petitioner for No Objection Certificate was considered vide Annexure P-9 dated 27.12.2010 with following remarks.