TEJINDER KAUR Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The present petition has been filed under Art. 226 of the Constitution of India for issuance of a writ in the nature of certiorari for setting aside order dated 21.09.2012 (Annexure P-9), whereby, the request of the petitioner for premature retirement was rejected and also for setting aside the impugned order of dismissal dated 05.03.2013 (Annexure P-10).

(2.) Briefly, the facts of the case, as made out in the present petition, are that the petitioner was appointed as Science Mistress (Non Medical) on 21.02.1992. She applied for leave for a period of three years from 02.02.2010 to 01.02.2013 and her request was forwarded by the Headmaster Government High School, Burj Hakima to District Education Officer (Secondary Education) Ludhiana on 28.01.2010. On 31.05.2011, the petitioner made a request for voluntary retirement and it was duly endorsed and forwarded by the Headmaster to District Education Officer. Thereafter, the petitioner submitted a representation to the Director Public Instruction (Secondary Education) Punjab but no action was taken thereupon. The petitioner filed CWP No. 11001 of 2012, which was disposed of with a direction to the respondent-Department to decide the representation of the petitioner by passing a speaking order. Subsequently, the respondent- Department passed order dated 21.09.2012, whereby, the claim of the petitioner was rejected on the ground that she has neither served for 20 years nor attained the age of 50 years. Thereafter, the order of her dismissal dated 05.03.2013 was passed on the ground of absence from duty since 02.02.2010.

(3.) The impugned order dated 21.09.2012, whereby, the request of the petitioner for premature retirement was rejected as well as the order of dismissal dated 05.03.2013 have been challenged in the present petition.