UTTAM CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was recruited as a Physical Training Instructor by the S.D. High School, Tarn Taran. He joined as such on September 1, 1989. He executed an agreement in which terms and conditions of appointment were incorporated. Vide order dated August .31, 1990, the petitioner's period of probation was extended by six months. While he was still on probation, his services were terminated by order dated December 26, 1990. Aggrieved by the order of termination, the petitioner has approached this Court through the present petition. The impugned order has been challenged as being violative of the rules. It is further averred that power has been exercised arbitrarily on account of extraneous considerations.

(2.) A written statement has been filed on behalf of the respondents .(respondent Nos. 2 and 3). It has been inter alia averred that the petitioner had been appointed on probation for a period of one year which could be extended by another six months. It has been pointed out that vide resolution No. 22 passed on July 15, 1990, the managing committee had decided to extend the period of probation. It was noticed by the managing committee that " the work of the teacher concerned is not very satisfactory in the field of sports. "This order was get noted from the petitioner on August 31, 1990. While he was still on probation, his services were terminated by a simple and innocuous order. In such a situation, the respondents maintain that the action is in conformity with the rules. The allegation in the petition that the teachers were forced to make donation under the threat of termination of services, has been denied.

(3.) Another written statement has been filed on behalf of the State of Punjab by the District Education Officer, Amritsar. In this written statement, it has been inter alia averred that the petitioner has alternative remedies available to him before the School Tribunal and consequently the writ petition deserves to be dismissed.