ASHOK KUMAR Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) Prayer in the present writ petition is for quashing of the impugned order dated 27.05.2014 (Annexure P -4), whereby the request of the petitioner for issuance of 'No Objection Certificate' has been declined on the premise that a teacher can resign from the Government service from his present post and can take the charge of other post, which compelled him to tender resignation from the post of JBT by surrendering his one month salary. Mr. Lalit Rishi, learned counsel for the petitioner submits that the petitioner was appointed as JBT Teacher on 05.01.2011 by the Education Department, Haryana and has been working as JBT Teacher at Government High School, Anwal, District Rohtak, Haryana. In pursuance to the advertisement issued by the Haryana Government Education Department, Chandigarh for filling up the posts of Post Graduate Teacher (PGT), the petitioner applied for the same and was duly selected vide order dated 12.05.2014 (Annexure P -7). On being selected to the post of PGT (Hindi), the petitioner is stated to have submitted an application dated 13.02.2014 to the Headmistress, Government High School, Anwal Rohtak, for issuing NOC to him. The aforementioned application was forwarded to the Block Elementary Education Officer, Kalannaur, Rohtak, Haryana for further proceedings but despite that no action was taken nor any NOC had been issued. Even the Director General, Elementary Education Haryana, vide its letter dated 07.03.2014 directed the District Elementary Education Officer, Rohtak for issuance of NOC, but yet no action was taken, which compelled the petitioner to approach this Court. It has further been pointed out that vide impugned order dated 27.05.2014 (Annexure P -4), respondents have declined NOC on the premise that the petitioner can submit his resignation. Since the petitioner has already rendered service of 3 = years as JBT and in case of issuance of NOC, the aforementioned period would be counted for the purpose of total length of service.

(2.) Mr. Lalit Rishi, learned counsel for the petitioner, in support of aforementioned submission, cited instances as reflected in paragraph 15 of the writ petition, wherein, similarly situated persons have also been granted NOC. Paragraph No. 15 reads thus: -

(3.) Mr. Ashok Kumar, learned Deputy Advocate General, Haryana submits that as per the guidelines issued by the Chief Secretary of Government of Haryana, the candidate should submit an application form with all relevant documents except fee to his/her Appointing Authority who should forward the same to HPSC/HSSC, if considered eligible, within a week of receipt. He further referred to Annexure R -3 that Sec. 14.2.5 of Chapter 14 of General Instructions issued by Minister of Home Affairs Government of India, whereby, it has been mentioned that in case of temporary government employee, an undertaking to the effect that they will resign in the event of their selection will be obtained before forwarding of application. Thus, impugned order is legal, fair and justified and there is no illegality nor the same reflects any arbitrary action.