CWP Nos.10691 and 12876 of 1991 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH 1. Civil Writ Petition No.10691 of 1991 Managing Committee, Public School, Kukar Pind ...Petitioner(s) v. Presiding Officer, School Tribunal, Punjab & Ors. ...Respondent(s) 2. Civil Writ Petition No.12876 of 1991 Charan Singh Gill ...Petitioner(s) v. State of Punjab & Ors. ...Respondent(s) Date of decision: December 13, 2010. CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri Madan Lal Saini, Advocate, for the petitioner (CWP No.10691 of 1991) None for the petitioner in CWP No.12876 of 1991. Shri G.S. Attariwala, Additional Advocate General, Punjab, for the official respondents. Kanwaljit Singh Ahluwalia , J. (Oral): By this common order, two civil writ petitions, viz, CWP No.10691 of 1991, filed by the Managing Committee of the Public School, Kukar Pind and another bearing CWP No.12876 of 1991 filed by Charan CWP Nos.10691 and 12876 of 1991 -: 2 :- Singh Gill, Headmaster shall be decided together. Charan Singh Gill petitioner in CWP No.12876 of 1991 was in the service of the Managing Committee of the Public School, Kukar Pind, petitioner in CWP No.10681 of 1991, since 1967. Regarding the management of the School, dispute arose between two rival factions, one headed by Piara Singh and the other by Didar Singh. Services of Charan Singh Gill Headmaster were suspended on 16.9.1978 by the Managing Committee headed by Piara Singh. Thereafter, his services were terminated vide resolution No.24 on 2.1.1979. Under the provisions of old Punjab Aided Schools (Security of Services) Act, 1969, case of Charan Singh Gill Headmaster was sent to Additional Deputy Commissioner, Jalandhar. On 30.4.1979, Deputy Commissioner, Jalandhar held that since no enquiry was conducted by the Managing Committee as provided under the Act, termination of the service of the Headmaster was bad. She further held that enquiry be held by the Managing Committee before services of the Headmaster were to be terminated. The Managing Committee challenged the order in appeal. Commissioner, Jalandhar Division, Jalandhar accepted the appeal and held that since there is no validly constituted Committee of the School and two rival factions have approached the Civil Court, therefore, Managing Committee cannot hold an enquiry and ordered that the DPI (Schools) should conduct the enquiry himself or through some officer. Before the enquiry could be conducted, old Act was repealed and the Punjab Privately Managed Recognised School Employees (Security of Service) Act, 1979, which came into force w.e.f. 23.1.1981, was enacted. Under the provisions of Section 13 of the Act, according to the order Annexure P-6, an employee CWP Nos.10691 and 12876 of 1991 -: 3 :- can be suspended also. Headmaster of the School Charan Singh Gill filed an appeal Annexure P-9, under the new Act on 22.3.1981 before the Director, Public Instructions Schools, Punjab against his continuous suspension. The Director Public Instructions (Schools) vide the impugned order dated 9.12.1989 Annexure P-11 held that under the old Act, since order of dismissal was not approved by the Deputy Commissioner, Charan Singh Gill Headmaster continued to be employee of the School and he shall also be entitled to arrears of salary. The Managing Committee filed an appeal on 7.3.1990 under the new Act before the Presiding Officer, School Tribunal, Punjab. The appeal filed by the Managing Committee was dismissed on 27.3.1991. The Tribunal, while dismissing the appeal, held that appeal could be filed by an employee who is dismissed, removed and reduced either in rank or within a time scale, therefore, it was held that the appeal filed by the Managing Commitee was not competent. A Division Bench of this Court, while admitting the writ petition, ordered that the writ petition be listed for hearing in October, 1991 and the employee Charan Singh Gill Headmaster of the School be paid subsistence allowance to the extent of 75% of the basic pay with effect from 1.10.1991, however, he will not function as Headmaster. Since Charan Singh Gill Headmaster had joined service in 1961, he has already attained the age of superannuation. There is no dispute that the rival Managing Committee had passed the order of dismissal without holding an eqnuiry and, therefore, the Additional Deputy Commissioner, who was authorized to approve any termination under the old Act, had remanded the matter back to the Managing Committee. The Commissioner while exercising the appellate jurisdiction held that the DPI, CWP Nos.10691 and 12876 of 1991 -: 4 :- Punjab should hold an enquiry. No such enquiry was held. Thus, it has been rightly held in Annexure P-6 that termination of the services of the respondent Charan Singh Gill Headmaster of the School was bad. Therefore, no interference is warranted so far as the writ petition filed by the Managing Committee against the order passed by Presiding Officer is concerned. The same is accordingly dismissed. In the second petition, Charan Singh Gill Headmaster has prayed that the subsistence allowance and arrears of pay be paid immediately and the State Government be directed to pay its 95% share. Since the authorities have already held that the termination of Charan Singh Gill Headmaster was bad, needless to say that the arrears of pay shall be paid to Charan Singh Gill Headmaster, petitioner in CWP No.12876 of 1991, within six months from today. At the first instance, payment shall be made by the School and later on, due share shall be paid by the Government. [Kanwaljit Singh Ahluwalia] December 13, 2010. Judge kadyan