H. court decision regarding confirmation of teachers

Ramesh Malik ................Petitioner

Versus

State of Haryana and another

...................Respondents

(2) C.W.P. No. 16658 of 2010

Narender Kumar ................Petitioner

Versus

State of Haryana and others

...................Respondents

CORAM:-

HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

HON'BLE Mr. JUSTICE RANJAN GOGOI CHIEF JUSTICE

Present: Mr. R.S.Dhull, Advocate,

for the petitioner (in C.W.P. No. 18340 of 2010)

Mr. Jagdeep Singh & Mr.Sajjan Singh, Advocates

for the petitioner (in C.W.P No.16658 of 2010)

Mr. Kulvir Narwal, Additional Advocate General Haryana

for the respondents

RANJAN GOGOI, CJ. :

Both the Public Interest Litigations have been filed seeking the

intervention of the court in the matter of confirmation of Teachers,

Lecturers, Head Masters and Principals in different schools who have

completed their probation period long back. Co-incidentally the petitioners

in both the cases also seek their own confirmation in service on the ground

that they are similarly situated to a large number of persons on whose behalf

the present Public Interest Litigations have been filed.

Though an element of personal interest is evident insofar as the

petitioners themselves are concerned, however, having regard to the larger

issue involved and also the stand taken by the State in the reply filed today

in the court, we are of the view that the personal interest of the petitioners

should not come in the way of adjudication of the writ petitions.

In the reply filed by the Assistant Director, HRG-1 of the office

of the Director, School Education Haryana it has been stated that by order

10.2.2011 the services of 373 Principals have been confirmed and by

another order dated 24.1.2011 similar confirmations have been made in

respect of 511 Head Masters. In the aforesaid reply, the respondents have

also stated that by order dated 21.4.2009 confirmation order in respect of

6410 Lecturers have been issued and the process of confirmation of

Masters and C&V Teachers is under active consideration of the department

and necessary orders will be issued shortly.

In view of the aforesaid stand taken by the respondent-State in

the reply filed, we are of the view that both the writ petitions should be

disposed of by directing that the confirmation process in respect of Masters

and C&V Teachers alongwith Lecturers, Head Masters and Principals, in

respect of whom confirmation orders are yet to be passed, shall be

completed by the respondent-State, after due verification, within a period of

four months from today.

Both the Public Interest Litigations are disposed of in the above

terms.

(Oral)

(RANJAN GOGOI)

CHIEF JUSTICE

(AUGUSTINE GEORGE MASIH)

JUDGE

March 8, 2011

RSK

NOTE: Whether to be referred to the Reporter or not? _____

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

Date of decision: 7.3.2011

(1) C.W.P. No. 18340 of 2010