Baljinder Singh vs State Of Punjab And Others on 27 August, 2009

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH.

                                          C.W.P. No. 2685 of 2008 ( O&M )
                                          DATE OF DECISION : 27.08.2009

Baljinder Singh

                                                              .... PETITIONER

                                    Versus

State of Punjab and others

                                                          ..... RESPONDENTS


CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL


Present:    Mr. Hirdey Pal Singh, Advocate,
            for the petitioner.

            Mr. J.S. Puri, Addl. A.G., Punjab,
            for respondents No.1 and 2.

                         ***

SATISH KUMAR MITTAL , J. ( Oral )

The petitioner is working as Science Master in B.A.S.J.S.

Khalsa Senior Secondary School, Chamkaur Sahib (respondent No.3),

which is a Government aided school. Vide order dated 3.2.2004, five

increments of the petitioner were stopped and he was transferred to another

school without obtaining prior approval from the Director of Public

Instructions (Schools) [hereinafter referred to as `the DPI (Schools)]. The

petitioner challenged the said order before the DPI (Schools), who vide

order dated 10.5.2006 set aside the order of the Management.

It is the case of the petitioner that in spite of the setting aside of

the order dated 3.2.2004, Management of the respondent school is not
CWP No. 2685 of 2008 -2-

releasing his increments. Respondent school is proceeded ex-parte.

On the last date, learned counsel for respondents No.1 and 2

sought time to have instructions in the matter regarding implementation of

the order passed by the DPI (Schools). Today, learned counsel for

respondents No.1 and 2 states that if the petitioner moves an application for

taking action against the Management of the respondent school for not

implementing the order of the DPI (Schools), the same will be considered

and an appropriate action, including the stoppage of grant-in-aid to the

respondent school under Section 11 of the Punjab Privately Managed

Recognized Schools Employees (Security of Service) Act, 1979, will be

taken. Learned counsel for the petitioner states that the petitioner has

already served a legal notice dated 5.12.2007 (Annexure P-6) upon the

Principal Secretary, Education, Punjab.

In view of the aforesaid facts, this petition is disposed of with a

direction to the Principal Secretary, Education, Punjab, to consider and

decide the aforesaid legal notice dated 5.12.2007 (Annexure P-6) in

accordance with law, within a period of two months, by passing a speaking

order. In case, the respondent Management does not comply with the order

of the DPI (Schools), it will be open for the Government to stop the grant-

in-aid to the respondent school.

August 27, 2009                            ( SATISH KUMAR MITTAL )
ndj                                                 JUDGE