Gujarat High Court Case Information System
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SCA/5816/2010 4/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5816 of 2010
For
Approval and Signature:
HONOURABLE
MR.JUSTICE KS JHAVERI
=========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================
VEENABEN
PRAHLADBHAI PATEL - Petitioner(s)
Versus
PRESIDENT
& 4 - Respondent(s)
=========================================
Appearance
:
MR MUKUND M
DESAI for
Petitioner(s) : 1,
Mr J.K Shah Asstt. GOVERNMENT PLEADER for
Respondent(s) : 3,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 07/05/2010
ORAL
JUDGMENT
1. The
petitioner has prayed to direct the respondents that the petitioner
is higher secondary section employee and the jurisdiction to decide
the case of the petitioner is vest with Gujarat Higher Secondary
School Services Tribunal and to quash and set aside the order dated
1st April 2010.
2. The
petitioner was appointed in Saurabh High School in vocational stream
as Typing Instructor. The vocational stream was closed down and the
petitioner was declared as surplus.
3. Thereafter
the petitioner was posted in Uttar Buniyad Vidhyalaya and was
permitted to join on duty from 24th June 2002.
4. Thereafter
she went on maternity leave and when she came back to resume duty on
completion of maternity leave, she was not permitted to resume her
duties and the respondent No. 1 initiated proceedings against the
petitioner on the ground that her initial appointment was not in
accordance with law.
5. Thereafter
her salary was stopped and she approached the Hon’ble Gujarat
Secondary Education Tribunal by way of application No. 284 of 2004
for getting salary and ultimately she was paid salary by the
respondent No. 1.
6. Thereafter
the petitioner was declared surplus and was posted at Rachna High
School. The respondent No. 1 terminated the services of the
petitioner against which the petitioner complained to District
Education Officer who directed the school management to reinstate
the petitioner in service.
7.
The respondent No. 1 filed application No. 230 of 2005 before the
Gujarat Secondary Education Tribunal against the decision of the
District Education Officer and obtained stay against the petitioner.
The petitioner raised preliminary issue regarding the jurisdiction
vested with the Gujarat Secondary Education Tribunal since the
appointment of the petitioner is in Higher Secondary Section and the
proposal ought to have sent to the Commissioner of Higher Education
and not to District Education Officer. The petitioner has been
posted at Rachna High School on the post of head clerk to
discharge duty of Junior Clerk. The petitioner is higher secondary
section employee for all purposes and therefore the proposal for
dismissal is required to be sent to the Commissioner of Higher
Education. Hence this petition.
8. Learned
advocate for the petitioner has averred that the Tribunal has not
properly appreciated the facts of the petitioner’s case and
therefore the order is required to be quashed and set aside.
9. Learned
advocate for the respondent has contended that it transpires that
apprehending termination of her services without following the
procedure she approached this Secondary Tribunal through Application
No. 289/2004. The said application came to be disposed of vide order
dated 15th June 2005 and the operative portion is
extracted hereunder :
This
application is disposed of with a direction that the applicant shall
make a representation to the D.E.O through school for her salaries
from November 2004 to March 2005. The school shall forward the
representation to the D.E.O. The D.E.O shall thereafter render a
decision about the salaries of the applicant after hearing the
applicant and management within one month. This application is
accordingly disposed of. No order as to costs.
10. As
a result of hearing and perusal of the record it is borne out that
post of Clerk in the general school falls within the set up of a
secondary section. Not only that but the applicant also appears to
be knowing this position and therefore she herself had approached
the Tribunal and obtained favourable orders and therefore she is
estopped from raising this objection. The objection about the
jurisdiction is therefore, bereft of merits and deserves to be
rejected.
(K.S.Jhaveri,J.)
mary//
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