Gurjeet Singh vs State Of Punjab And Others on 25 August, 2009

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                          AT CHANDIGARH

                         C.W.P. No.9304 of 2006 (O&M)

                         DATE OF DECISION: AUGUST 25, 2009

Gurjeet Singh

                                                        .....PETITIONER
                               Versus

State of Punjab and others
                                                      ....RESPONDENTS


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

Present:    Mr.Khetarpal Singh, Advocates,
            for the petitioner.

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

            None for respondent No.2.

            Mr.P.S. Khurana, Advocates
            for respondents No.3 and 4.
                   ..

SATISH KUMAR MITTAL, J. (Oral)

In the present petition, the petitioner is challenging the order of

termination of his services as a Clerk in Khalsa College, Amritsar. In the

petition, it has been stated that the termination order has not been

communicated to the petitioner. It is further the case of the petitioner that

the services of the petitioner were illegally terminated by the management

on the ground that his appointment on the said post was not approved by the

Director Public Instructions (Colleges), Punjab. In view of that, the services

of the petitioner were terminated on 27.5.2006 by the Secretary of the

Managing Committee on the basis of Resolution No.425 dated 26.5.2006.

During the course of hearing, counsel for the parties have

arrived at a consensus to the effect that the petitioner can avail his remedy
C.W.P. No.9304 of 2006 -2-

of appeal against the order of his termination before the Education Tribunal

established under the Punjab Affiliated Colleges (Security of Service)

Amendment Act, 2007. In view of the said consensus arrived at, counsel for

the petitioner states that the petitioner may be permitted to withdraw this

petition with liberty to challenge his termination order before the

Educational Tribunal. He further states that the interim order dated 7.6.2006

passed by this Court may be ordered to be continued for 15 days within

which period the petitioner will file an appeal before the said Tribunal.

Counsel for the respondent-management has no objection for continuation

of interim order for 15 days.

In view of the above, the petitioner is permitted to withdraw

this petition with liberty to challenge his termination order by filing an

appeal before the Educational Tribunal. If the said appeal is filed within 15

days, the Education Tribunal will consider and decide the same on merits in

accordance with law. The interim order dated 7.6.2006 passed by this Court

will remain operative for 15 days and meanwhile it will be open for the

petitioner to make an application for interim order before the Education

Tribunal.

Dasti on payment.

August 25, 2009                        (SATISH KUMAR MITTAL)
vkg                                            JUDGE