STATE OF PUNJAB Vs. SHEELA DEVI

JUDGEMENT

(1.) The petitioner respondent who initially was appointed as a J.B.T. teacher on ad hoc basis for six months on March 1, 1978 and was latter given such repeated appointments after certain notional breaks, successfully impugned the order of the Block Education Officer (Primary) Gur Har Sahai, dated December 15, 1979 (Annexure P.1) terminating (as per her stand in the writ petition) her last appointment given with effect from December 3, 1979. Thought in the petition she had claimed the following three reliefs:-

(2.) In pursuance of the last appointment order dated December 3, 1979, she admittedly joined her duties as a J.B.T. teacher in Government Primary School, Guru Har Sahai on December 4, 1979 and applied to the Block Education Officer, Primary, Gur Har Sahai for the grant of three months maternity leave with effect from December 5, 1979. In reply to this application the Block Education Officer wrote back the impugned communication Annexure P. 1 and the contents of the same are as follows:

(3.) According to the petitioner, she was not allowed to rejoin her duties and this communication virtually amounted to an order of termination of her services. The learned Single Judge accepted the claim of the petitioner primarily for the reasons that the State counsel had failed to produce before him petitioner's appointment order dated December 3, 1979 and any other order of termination of her services, except Annexure P. 1. This is how the operative part of the judgment under appeal reads :-