JAI KISHAN Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The petitioner has come up with a prayer for quashing of the orders dated 2.7.1997 (Annexure P -1) whereby his services were terminated, dated 31.12.2002 (Annexure P -2) denying him payment as a Sanskrit Teacher on the basis of his selection in the year 1998 and dated 2.1.2003 (Annexure P -3) conveying him the decision regarding rejection of his representation by the Director, Secondary Education, Haryana for reinstatement, in service. The petitioner has also sought quashing of a letter dated 11.12.1998 (Annexure P -12) whereby he was intimated about the termination of his services by the Director, Secondary Education, Haryana vide order dated 5.5.1997 and the communication thereof by District Education Officer (DEO) vide his Memo dated 2.7.1997. A direction has also been sought by the petitioner for his reinstatement in service. Alternatively, the petitioner seeks a direction to command the respondents to permit him to join back as the Sanskrit Teacher on the basis of the appointment letter dated 27.4.1998.

(2.) Briefly, the facts are that vide an order dated 23.2.1996 (Annexure P -4) DEO, Sirsa appointed the petitioner as a Sanskrit Teacher purely on ad hoc basis till the Subordinate Services Selection Board, Haryana recommended names of candidates for appointment on regular basis. The petitioner joined the afore -mentioned post on 2.3.1996. It appears that before his appointment, the petitioner was named as one of the accused in F.I.R. No. 258 dated 14.8.1990 under Sec. 302, 307, 326, 324, 323, 148 read with Sec. 149 I.P.C., PS Rajound, District Kaithal in which vide judgment dated 24/25 September, 1996, the Additional Sessions Judge, Kaithal convicted and sentenced him for life alongwith his co -accused. The petitioner was, accordingly, taken into custody on 24.9.1996. As a result of the afore -mentioned conviction, services of the petitioner were terminated vide one of the impugned orders dated 2.7.1997 (Annexure P -1) with effect from 24.9.1996. The petitioner along with his co -accused preferred Criminal Appeal No. 509 -DB of 1996 in this Court which was decided by a Division Bench vide judgment dated 27.9.2001 whereby petitioner's appeal was partly allowed and while acquitting him of the charges under Sec. 302/326 read with Sec. 149 and 148 I.P.C., he was convicted under Sec. 324 I.P.C. and sentenced him to imprisonment for the period he already had undergone.

(3.) During this period, it further transpires that posts of Sanskrit teachers were advertised by the Staff Selection Commission, Haryana for appointment on regular basis. The petitioner applied for the same and was selected. The DEO, Ambala issued even an appointment letter dated 27.4.1998 (Annexure P -6) in terms whereof the petitioner was to join in Govt. Middle School at Fatehpur. However, having been brought to the notice of the Department that he was a convict under Sec. 324 I.P.C., his appointment on regular basis, referred to above, was cancelled vide another impugned order dated 31.12.2002 (Annexure P -2). It further appears that after the judgment of the High Court in the Criminal Appeal in which petitioner's conviction under Sec. 324 I.P.C. alone was maintained, he represented for his reinstatement in terms of his previous appointment on ad hoc basis in the year 1996 and alternatively, sought appointment on regular basis pursuant to his selection in the year 1998. His application, however, was turned down vide yet another impugned order dated 2,1.2003 (Annexure P -3). Aggrieved at these orders that the petitioner has approached this Court.