IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.11768 of 1990 (O&M) Date of decision:02.05.2011 Chanchal Bala Social Studies Mistress, Janta Senior Secondary School, Mustafabad District Yamuna Nagar. ...Petitioner versus The State of Haryana and others. ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Ram Kumar Malik, Senior Advocate, with Mr. Vishal Malik, Advocate, for the petitioner. Mr. Satbir Singh Goripuria, DAG, Haryana. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the reporters or not ? No. 3. Whether the judgment should be reported in the digest ? No. ---- K.Kannan, J. (Oral) 1. A teacher, who is the petitioner herein, was appointed to a sanctioned post in a Government aided school, was refused to be re- admitted after she availed maternity leave. She had produced a certificate of fitness from the doctor and reported for duty on 19.01.1987. Since the Management of the school refused to allow her to rejoin duty, the petitioner had complained to the Government and brought to the attention of the authorities that in terms of Section 3(1) of the Haryana Aided Schools (Security of Service) Act, 1971, a teacher could not be terminated from service without sanction from the District Education Civil Writ Petition No.11768 of 1990 (O&M) - 2 - Officer . The District Education Officer (DEO), Ambala, appears to have given a direction through letter dated 12.01.1990, that the teacher could not have been terminated and directed the Management to keep in service the petitioner without any delay under intimation to his office. Armed with the direction from the DEO, the petitioner appears to have joined the service on 22.01.1990. The petitioner had given a complaint on 05.04.1990 to the Director of Public Instructions (recognized schools) seeking for the government intervention for payment of salary and followed up with several reminders. 2. With no favourable response, the petitioner has approached this Court to issue a writ of mandamus against respondents 1 and 2 to make the payment of the petitioner in view of the liability to make the payment of salary that the State owed under Section 5-A of the Principal Act. Section 5-A reads as follows:- “5-A Power to make payment from aid:- In the case of non-compliance of an order of any authority, or any directive issued under this Act, it shall be lawful for the Director to pay, out of the aid payable to the aided school such sum of money as is found to be due to any employee from such school, the managing committee, manager or any other authority charged with the administration thereof.” 3. Admittedly, the petitioner was not permitted to rejoin duty in contravention of the provisions of the Act. The act of the Management in refusing such permission and denying to her the salary which she was entitled to draw was clearly in contravention of law. The Civil Writ Petition No.11768 of 1990 (O&M) - 3 - Management is principally liable for making the payment, since it is a sanctioned post and the school draws 95% full aid from the government, the petitioner is entitled to recover the same against the State. The State shall be at liberty to take such action against the Management as it is proper for wrongful denial of re-entry into service. The petitioner is also entitled to treat the initial entry into service namely, 11.05.1987 as the date of commencement of service for all purposes for counting the number of years of service. She could not be treated as a fresh entrant only from 22.01.1990 when she rejoined with the direction from the State. The petitioner is entitled to computation of the benefits in the manner referred to above within 12 weeks from the date of receipt of copy of this order. 4. The writ petition is allowed and the respondents 1 and 2 shall be at liberty to take action against the Management for any recoveries that they are competent to work out in terms of the Act. (K.KANNAN) JUDGE 02.05.2011 sanjeev