RSA No.2834 of 1988 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. R.S.A. No. 2834 of 1988 Date of Decision: 30 - 11 - 2010 Smt.Balwinder Kaur ....Appellant v. State of Haryana and others ....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.R.K.Malik, Sr. Advocate with Mr.Nikhil Sharma, Advocate for the appellant. Ms.Kirti Singh, DAG, Haryana for the respondents. *** KANWALJIT SINGH AHLUWALIA (ORAL) The plaintiff-appellant filed a suit for declaration to the effect that she is entitled to work as a Punjabi teacher under the defendant- respondent – State of Haryana and her termination order dated 5.1.1984 was void, illegal and, therefore, liable to be set aside and she is entitled to be reinstated into service with all the consequential benefits. The plaintiff-appellant was appointed as a Punjabi teacher on ad hoc basis on 6.8.1979. She worked upto 5.1.1984. The last institute in which she taught was Government Middle School, Desu Kalkana. It is not in dispute that the plaintiff-appellant had passed Language Teacher Training RSA No.2834 of 1988 [2] Examination from Gandhi Hindu Vidyapeeth Paryag (U.P.). The certificate so issued is Ex.P3. The State of Haryana came to a conclusion that degree certificate Ex.P3 was bogus and fake. During the course of arguments, I have perused the Matriculation Examination certificate Ex.P1 issued by the Board of School Education, Haryana. The date of birth of the plaintiff-appellant recorded therein is 8.6.1946. Therefore, during the pendency of the present appeal, the plaintiff-appellant has attained the age of superannuation. Mr.R.K.Malik, learned senior counsel appearing for the plaintiff-appellant has very fairly stated that the plaintiff-appellant was an ad hoc employee. Mr.Malik in all fairness has also stated that claim of the plaintiff-appellant now cannot be agitated in view of the law laid down by a Division Bench of this Court in Ram Bhagat Sharma and others v. State of Haryana and others, 1997(4) RSJ 134 wherein it was held as under:- “27. .......With a view to protect the interest of the students community, we direct the Government of Haryana to take steps to prevent future recruitment of persons possessing qualifications awarded by Hindi Sahitya Sammelan, Allahabad, and/or Hindi Sahitya Sammelan, Prayag, Allahabad, and at the same time take appropriate measures to dispense with the services of unqualified teachers. For this purpose, the Government of Haryana is directed to issue written instructions to all concerned that in future no appointment be given to the persons possessing qualifications by the institutions referred to here-in-above. We also direct the Government of Haryana to take steps for terminating the services of all such teachers who have secured employment on the basis of degrees/diplomas/certificates issued by Hindi Sahitya Sammelan, Allahabad and/or Hindi Sahitya Sammelan, Prayag, Allahabad. However, those who have completed three RSA No.2834 of 1988 [3] years service should be given an opportunity to acquire the requisite qualification within a stipulated time. In case they fail to acquire such qualification, then appropriate order be passed to dispense with the services of such persons.” This Court is of the view that since the degree Ex.P3, on the basis of which the plaintiff-appellant had obtained employment is bogus and she was an ad hoc employee, her services were rightly terminated by the State of Haryana. Otherwise also, no substantial question of law arises for consideration of this Court in the present case. Furthermore, the plaintiff- appellant has not acquired the requisite qualification within a period of three years in terms of directions given in Ram Bhagat Sharma's case (supra). Hence, there is no merit in the present appeal and the same is hereby dismissed. ( KANWALJIT SINGH AHLUWALIA ) November 30, 2010. JUDGE RC