SUNITA SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition to quash the termination of the services of the petitioner brought about by the respondent No. 3 w.e.f. 14.3.1995.

(2.) The name of the petitioner was sponsored by the employment exchange for appointment as Math Mistress. She was interviewed on 25.7.1994 by the District Level Selection Committee. The petitioner's name was placed at No. 4 in the list prepared by the committee. She was appointed as Math Mistress by order dated 15.11.1994 against the leave vacancy of Smt. Sheela Dixit. The petitioner joined on 1.12.1994 and continued in service till 14.3.1995 when she was relieved due to the joining of the incumbent who had proceeded on leave. This action of the respondents has been challenged by the petitioner on the ground of violation of Articles 14 and 16 of the Constitution of India. According to the petitioner, respondent Nos. 4 and 5 were appointed as Math Mistresses on 12.2.1995 and 9.3.1995 respectively and, therefore, both of them are junior to her and the respondent No. 3 should have followed the rule of last come first go at the time of the termination of her services.

(3.) The respondent Nos. 1 to 3 have defended the impugned decision on the ground that although the seniority of ad hoc teachers is to be maintained at District level but the petitioner has no locus standi to challenge the termination of her service because she was appointed against a leave vacancy. As against this, the respondent Nos. 4 and 5 were appointed as Mistresses on ad hoc basis. The respondents have further stated that the name of the petitioner was not sponsored by the employment exchange in response to the demand letter dated 2.1.1995 and as such her name was not considered for ad hoc appointment when the respondent Nos. 4 and 5 were selected. In a separate written statement, the respondent No. 4 has pleaded that the petitioner can have no competition qua her because the petitioner was appointed against leave vacancy whereas she had been appointed on ad hoc basis after due selection by the competent authority.