CWP No.15686 of 1994 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No. 15686 of 1994 Date of Decision: 22 - 7 - 2010 Rajinder Kumar ....Petitioner v. State of Punjab and others ....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Mukand Gupta, Advocate for the petitioner. Mr.J.S.Puri, Addl.A.G., Punjab for respondents No.1 to 3. None for respondent No.4. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Petitioner avers that vide resolution dated 10.10.1992, Annexure P1, he was appointed as JBT teacher in respondent No.4 - S.D. High School, Maur Mandi, District Bhatinda (hereinafter to be referred as, `the School') on probation for a period of one year. He joined as such on 14.10.1992. The selection of the petitioner was subject to approval of the Director Public Instructions (Schools), Punjab, Chandigarh – respondent No.2. Claim of the petitioner is that the case of his selection and CWP No.15686 of 1994 [2] appointment was sent for approval to the office of respondent No.2 on 25.5.1994 vide Annexure P2. It was not approved because two Managing Committees were claiming control over the school. Since selection of the petitioner was not approved, he was relieved from service w.e.f. 18.10.1994. He further avers that he had not been paid salary for the period for which he remained in service of the School. The petitioner assailed the order whereby he was relieved from the service and prays in this writ petition that he be allowed to join the school. A Division Bench of this Court, on 27.3.1996 passed the following order:- “In view of the fact that decision of Civil Revision No.2423 of 1992 will have direct bearing on the decision of this writ petition, we admit the writ petition and direct that the same be placed before the Bench hearing the aforesaid Civil Revision.” Civil Revision No.2423 of 1992 pertains to inter-se dispute between the two Managing Committees which were claiming control over the school. The above-said revision petition was dismissed on 31.7.1998. Counsel for the petitioner does not press for the other reliefs but he states that at least the petitioner is entitled to the salary for the period of two years i.e. From 14.10.1992 to 18.10.1994, when he taught in the respondent-school. The petitioner had filed the present writ petition in the year 1994, but no interim relief was granted to him and since then he is out of service. Although this Court had ordered status quo, but admittedly the petitioner had not taught after 1994. Though the appointment of the CWP No.15686 of 1994 [3] petitioner was not approved, yet he did perform his duties and taught the students for a period of two years. In these circumstances, the writ petition is disposed of with a direction that respondent No.4 - Managing Committee of S.D. High School, Maur Mandi shall pay to the petitioner salary of two years along with interest @ 9% per annum within three months from the date of receipt of a certified copy of this order. Since the appointment of the petitioner was not approved and was made by the Managing Committee of the school, the entire payment is to be made by the Managing Committee from its own funds. In case the Managing Committee fails to make the payment, the District Education Officer (Schools), Bhatinda shall deduct the said amount out of 95% grant-in-aid to be disbursed to the School and be paid to the petitioner. The adjustment of the said amount be made with the School later. ( KANWALJIT SINGH AHLUWALIA ) July 22, 2010. JUDGE RC