GOPAL KRISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been preferred by the appellants, who were appointed on adhoc basis in the year 1987 and after rendering service of one year their services were terminated on the ground that the same were no longer required. They filed writ petition challenging the order of termination on the ground that juniors had been retained and order was punitive as the same were on account of their alleged absence from duty at the time of inspection by Sub Divisional Education Officer.

(2.) The respondent - State sought to justify the impugned order on the ground that the same was according to the terms of appointment and absence from duty could be taken into account for passing the order for which no inquiry was required, unless the absence was made foundation of the order.

(3.) Learned Single Judge relying upon judgment of Hon'ble Supreme Court in Jarnail Singh and others v. State of Punjab and others, 1986 AIR(SC) 1626 held that the impugned order of termination was in violation of Article 311 of the Constitution. It was observed that since the petitioners have not stated that they were not gainfully employed during the interregnum period, they were not entitled to backwages.