KAMLA KUMARI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing the Order dated 5.9.2003 (Annexure P-11), purporting to have been issued under the seal and signature of the Commissioner-cum-Secretary, Government of Haryana, Department of Education, Chandigarh whereby and whereunder the petitioner was informed that she will be deemed to have been retired from government service w.e.f. 30.6.2003 on attaining 58 years of age. The petitioner also prays for quashing the Order dated 23.12.2003 (Annexure P-21) purporting to be under the seal and signature of the Director, Secondary Education, Government of Haryana, Chandigarh, whereby and whereunder he came to conclusion that the petitioner, being the head of the Institution, had concealed facts relating to results and therefore, she was not entitled to receive the State Award which was liable to be withdrawn and therefore, the action that was proposed to have been taken in the earlier show-cause notice dated 24.5.2002 was confirmed. The petitioner also prays for an appropriate direction upon the respondents to allow her to retain the Award and the consequential benefits enuring to her credit under the Award. It is not necessary to go into the service details of the petitioner, save and except to record that the petitioner was appointed as a Head Mistress as a direct recruit on 6.3.1989 after having been selected by the Haryana Public Service Commission. In paragraph 3, the petitioner has stated that her work was highly appreciated by her superiors as also by the society at large. She was conferred several honours by the authorities as also by several social and cultural organizations connected with the field of education. She has also stated that she has more than 100 commendation letters and certificates which she has received from time to time over the years. The petitioner has brought on record these certificates and letters vide Annexures P-1/1 to P-1/17. The statements made in paragraph 3 have been replied by the respondents in their counter affidavit as being matters of record. In other words, the respondents have not denied the fact that the petitioner was highly appreciated by her superiors as also by the society at large and that she was conferred several honours by higher authorities as also by several social and cultural organizations connected with the field of education and that she has more than 100 such commendation letters and certificates received from time to time over the years.

(2.) In paragraph 4, the writ petitioner has stated that she has an excellent service record and was considered for conferment of the most prestigious honour in the field of education which is a rare achievement for any teacher. She has also stated that on the basis of her exemplary and meritorious performance and records, her name was recommended for State Award for the year 1999-2000. This paragraph has also been answered in the written statement as being matters of record. In other words, there is no denial of what the petitioner has stated.

(3.) In paragraph 5 of the writ petition, the petitioner has also stated that on 16.8.2000, she was informed by Annexure P-2 that she had been selected for the State Teachers Award. This information came to the petitioner vide letter dated 16.8.2000 of the Director, Secondary Education, Haryana. It was through this letter that the petitioner was further informed that she would be presented the State Award on 5.9.2000 by His Excellency, the Governor of Haryana at the Governor's House in Chandigarh and therefore, she was to report to the Assistant Director, Public Relations at 2.00 p.m. on 4.9.2000. After the aforementioned letter had been received, the petitioner was then congratulated by the Director, Secondary Education by a personal letter dated 22.8.2000 as contained in Annexure P-3 congratulating her for the distinction conferred on her for her meritorious service. Pursuant to the aforementioned developments, the petitioner received the Award on 5.9.2000 and the benefits were as follows :-