SHRI S.P. KAPUR AND OTHERS Vs. THE STATE OF HARYANA THROUGH THE SECRETARY TO GOVERNMENT HARYANA, DEPARTMENT OF EDUCATION (SCHOOLS), CHANDIGARH AND ANOTHER

JUDGEMENT

(1.) THIS petition besides a few others are fixed before us for motion hearing. In the instant one, the written statement was filed by the State in the office but some how it has not been placed on the record, though the learned counsel for the petitioners was given a copy thereof and he has timely filed a replication. Obtaining another copy of the written statement from the learned Addl. Advocate -General, Haryana, and placing it on the record, we proceed to decide the matter at the motion stage itself.

(2.) IN the instant petition, there are 98 petitioners. In other petitions too, their number is equally large. The broad facts are identical. And they are these:

(3.) THE Supreme Court in Rattanlal and others v. State of Haryana, A.I.R. 1978 S.C. 478, made a momentous decision deprecating the policy of hiring and firing by the Haryana Government. The petitioners therein were ad hoc teachers and their successful effort before that Court was to get protection of Articles 14 and 16 of the Constitution of India. The Court put a stop to that situation and said it could not be permitted to last any longer, emphasising at the same time, that the State was expected to function as a model employer. The ultimate decision was in the following words: