CIVIL WRIT PETITION NO. 18854 OF 2006 -1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: February 07, 2008 Parties Name Urmila Chopra ..PETITIONER VERSUS State of Haryana and others ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR JUSTICE JASWANT SINGH PRESENT: Mr. R.K.Malik, Advocate, for the petitioner. Mr. Harish Rathee, Sr. D.A.G., Haryana, for the respondents. JASBIR SINGH, J. (oral) Order. By filing this writ petition, the petitioner has prayed that order dated June 23, 2006 ( P-3) be quashed. It is her further prayer that she be given family pension. At the time of arguments, Shri Malik has confined his challenge only to document Annexure P-3. He has further stated that the petitioner will agitate her claim, with regard to family pension, at an appropriate stage before the authorities concerned. It is apparent from the records that all the Government run primary Schools were transferred under the functional control of Zila Parishads/Municipalities, vide notification dated March 30, 2001. The Government Teachers, who were working in those Schools, were also put under the control of above said authorities. It is necessary to mention here CIVIL WRIT PETITION NO. 18854 OF 2006 -2 that service conditions of all the Government Teachers were governed by Haryana Primary Education (Group C) District Cadre Service Rules, 1994. For the new entrants in the service, after March 30, 2001, the State Government has enacted Haryana Zila Parishad Primary Education Service Rules, 2003 (for short 2003 Rules). Admittedly, husband of the petitioner entered in service of the Zila Parishad on July 7, 2004, on recommendation made by Haryana Staff Selection Commission under the 2003 Rules. Subsequent thereto, State of Haryana by issuing Notification on August 10, 2005, rescinded decision taken on March 30, 2001, transferring functional control of Government Primary Schools to the Zila Parishad etc. In that Notification ( R-1), it was further provided that all the employees, who have entered the service under the 2003 Rules, shall be given the regular appointment subject to some conditions. Many Teachers, who had entered the service like husband of the petitioner, in Schools when those were under the control of Zila Parishad, came to this Court by filing various writ petitions, which were disposed of on September 22, 2006. Main order was passed in CWP No. 13633 of 2005. A Division Bench of this Court in that judgment quashed conditions No. 4(i) and (vi) imposed on the Teachers, who were going to be transferred from the cadre of Zila Parishad to the State cadre. Condition No. 4(ii) was withdrawn by the State Government. This fact has not been disputed by the State counsel at the time of arguments. Relevant portion of the judgment reads thus: “In any case, once the petitioners could not be treated as fresh entrant in the service in pursuance of notification dated 10.8.2005 (P-5), then they deemed to be appointed in the year 2004 much before the date of amendment dated 22.7.2005 (R- CIVIL WRIT PETITION NO. 18854 OF 2006 -3 1). Therefore, the aforementioned amendment would not effect the rights of the parties. In view of the above, we hold that the clauses 4(i) and (vi) (wrongly typed as 1(i) and 6(i)) of the notification dated 10.8.2005 (R2) are unreasonable, discriminatory and are hereby declared ultra vires of the constitution. Accordingly, a direction is issued to the respondents not to enforce those clauses against the petitioners and other similar situated employees. As a consequence, the petitioners would not require a Graduate Degree alongwith English as a optional/compulsory subject, nor they would be considered as new entrant in the respondent Education Department under the 1994 Rules.” It is an admitted fact that husband of the petitioner died on October 6, 2005, i.e., before letter of regular appointment was issued in his favour by the State Government. Vide order Annexure P-3 dated 23-6-2006, claim of husband of the petitioner for regular appointment has been rejected on the ground that he does not fulfill conditions, imposed vide notification dated August 10, 2005 ( R-1). This order was passed prior to the judgment, passed by this Court on September 22, 2006 ( P-4). Vide judgment, referred to above, it has been opined by this Court that those Teachers, who have entered service of the Primary Schools, when those Schools were managed by the Zila Parishad, cannot be treated as new entrants in service and further that they were not supposed to comply with some conditions of the Notification, referred to above, which were quashed by a Division Bench of this Court vide judgment, mentioned above. If that is so, we are of the view that the authorities were not justified in not issuing a deemed letter of CIVIL WRIT PETITION NO. 18854 OF 2006 -4 regular appointment to the husband of the petitioner. In view of facts mentioned above, we quash order Annexure P- 3 and dispose of this writ petition by issuing direction to respondent No. 2 to reconsider the matter in the light of the judgment dated September 22, 2006 (Annexure P-4) and issue deemed appointment letter to husband of the petitioner. The petitioner will be at liberty to claim any consequential benefits thereafter, to which she may be entitled, as per law. Needful be done within a period of two months from the date of receipt of certified copy of this order. ( Jasbir Singh ) Judge ( Jaswant Singh) February 07, 2008. Judge DKC