KULWANT KAUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY consent of both parties, both the appeals were taken up for final hearing. Both the appeals were preferred by Smt. Kulwant Kaur, the petitioner in Writ petitions No. 2973/94 and 1373/87. Writ Petition No. 1373/87 was filed by the appellant to quash the order dated 11. 5. 1987 and to stay the operation of the same during the pendency of the writ petition.

(2.) BY order dated 25. 11. 1983, the appellant was given appointment on temporary basis till the end of the academic session on the post of Teacher Gr. III by the Vikas Adhikari, Panchayat Samiti, Padampur and she was posted in Middle School, Village 1-CC. BY order dated 4. 5. 84 the services of the teachers mentioned therein were brought to end from the afternoon of 16. 5. 1984. The appellant was relieved. Once again the appellant was given appointment to the very post by order dated 30. 6. 84 on temporary basis for a period of 6 months or till selected teachers are available whichever is earlier. It was stated in the said order that the services of the appellant can be brought to end without any notice at any time. BY order dated 11. 5. 1987 once again the appellant's services were terminated because of the directions of the Director of Primary & Secondary Education dated 1. 7. 1986. According to the appellant a perusal of this direction dated 1. 7. 86 will go go show that this is in respect of fixation of the salary of the teachers possessed of Tailoring Diploma and it is said therein that those of the candidates who obtained diploma from Jharparkar Training College, Bombay and in respect of whom recognisation was given, cannot be given appointment in Primary schools under the control of the Panchayat Samiti as Tailoring Teacher's post is not there in the Panchayat Samiti. According to the appellant although the order dated 11. 5. 87 had been made but the same had not been formally served upon the appellant and no order releving her from service was made on 16. 5. 84 when her service was brought to end. It is the contention of the appellant that she does not possess diploma from Jharparkar Tailoring College, Bombay and was never appointed as Teacher in Tailoring and she is a matriculate and has a certificate in Arts and Crafts from the Department of Industrial Training from Government of Haryana. It is in the aforesaid circumstances that the appellant preferred the writ petition on the grounds mentioned in the writ petition. It is submitted that the very assumption on the basis of which the services of the appellant had been brought to an end is that this is required to be done in pursuance of the direction dated 1. 7. 1986 which is in respect of the teachers possessed of Diploma in Tailoring from Jharparkar Tailoring College, Bombay and even assuming that it is applicable to the appellant, the services of the appellant could not be brought to an end until trained and duly selected teachers are available. The writ petition was admitted on 21. 5. 1987 by a Division Bench of this Court. The order dated 11. 5. 1987 (Annexure-4 to the writ petition) was stayed by the Division Bench on 21. 5. 1987 itself and the same was confirmed on 12. 8. 1993 by this Court. A reply was filed by the non-petitioners denying the allegation that the services of the appellant petitioner were terminated vide order dated 11. 5. 1987 not on the direction issued by the Director, Rural Development on 1. 7. 86 and that the petitioner appellant was served with the order dated 11. 5. 87 and the petitioner left the school without taking delivery of the order and in her place new teacher was appointed. It is also submitted that the termination of the petitioner appellant was due to her not having requisite qualification for the teacher for Panchayat Samiti because she was having ITI Diploma which is not recognized in the State of Rajasthan for primary education.

(3.) FOR the reasons aforesaid the learned Judge dismissed both the writ petitions and aggrieved of the common order in the above two writ petitions, both the civil special appeals have been filed.