AVTAR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) In this petition, petitioner who is Social Studies Master is seeking a direction to the respondents to include his name in the list of staff of the Public (Now Govt.) High School, Himmatpur Dhanoa, District Hoshiarpur, in the same position as it was prior to the taking over of the said school by the Government on 12.2.1987 under the same terms and conditions of service as before and also for consequential benefits by way of seniority, salary, arrears etc.

(2.) Petitioner was appointed as Social Studies Master in Public High School, Himmatpur Dhanoa on 1.5.1983 on the basis of recommendation made by the Managing Committee of the school. Two more persons namely Ms. Jagdip and Baldev Singh were also appointed on the same date. The Deputy Director (Education) Punjab vide his Memo. No. 919-6/51-82SS(1) dated 9.4.1986 made the recommendation as directed by the Education Minister for taking over of the school. The Education Minister had ordered that the school be taken over as it was, meaning thereby that all staff working in the school was to be absorbed. Pursuant to this taking over, recommendation was made for sanctioning of 13 posts of Masters/Mistresses in the scale of Rs. 620-1200/-. However the Government sanctioned only 11 posts and in consequence of the sanctioning of 11 posts, petitioner was not included in the staff of the Government High School to whom appointments were offered. Petitioner having felt aggrieved made representation to the Director, Public Instructions (Schools) Punjab, Chandigarh, against the non-inclusion of his name in the list of staff approved for taking over of the school. Before his representation could be decided, petitioner filed the present writ petition and vide interim order dated 29.6.1987 the petitioner was allowed to remain on the rolls of the school, and this order till date is continuing.

(3.) Respondents in their written statement have given the justification for not including the petitioner on the rolls of the school after the same was taken over by the Government. The justification is that as per government norms, a master has to teach 33 periods in a week. The total periods, both Arts and Science subjects, which were to be taught come to 400 and staff required according to the periods comes to 12 masters. Accordingly, the Government decided to absorb 11 masters. Petitioner was not absorbed as there was no Arts period which could be allotted to him and his name could not be included amongst 11 masters as he was junior-most in age out of three persons appointed on one and the same day. Two persons who were appointed along with the petitioner, i.e. Ms. Jagdip and Baldev Singh, of course, were included in the staff.