Dismissed

Gian Singh v. State of Haryana and Ors.

Punjab & Haryana HC1 Dec 2011RSA/4053/2011

Case brief

AI extract

What is this about?

In this regular second appeal, the High Court dismissed the appellant's challenge to the lower courts' decision dismissing his suit for permanent injunction. The judgment held no substantial question of law arose as the lower courts correctly found the appellant was a guest teacher dispensible upon regular appointment.

What did the court decide?

The present regular second appeal is dismissed.

Gian Singh Vs State of Haryana and Ors. — Service and Employment | Punjab & Haryana HC (2011)

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RSA No.4053/2011(O&M) 1

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IN THE HIGH COURT OF PUNJAB & HARYANA AT

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CHANDIGARH

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RSA No.4053/2011(O&M) Date of decision: 01.12.2011.

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Gian Singh

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....................Appellant

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The State of Haryana & Ors

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.....................Respondents

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Coram: Hon'ble Mr.Justice Jaswant Singh

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Present: Mr. Kuldeep Khandelwal, Advocate for the appellant.

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Jaswant Singh.J.(Oral)

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Plaintiff/appellant Gian Singh is in second appeal against the judgments of the Courts below whereby his suit for permanent injunction was dismissed by the trial Court and the appeal filed by him was dismissed by the learned Appellate Court.

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Briefly noticed appellant Gian Singh filed a suit for permanent injunction alleging therein that he was appointed as Math teacher against guest faculty in Government High School, Ghukanwali, Tehsil Dabwali, District Sirsa on 21.12.2005. It was further alleged that one Sikander Singh who had also been appointed as Math master in Government School, Jalalana vide order dated 29.09.2005 was transferred to Government High School, Ghukanwali against the post

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RSA No.4053/2011(O&M) 2

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of Math teacher which was not lying vacant as the same was held by the appellant. It was alleged that the said transfer was done with a view to oust the appellant. It was further alleged by him that one more post of Math teacher was lying vacant at Govt. High School, village Ghukanwali for which he had sent an application. Apprehending his relieving from the post of Math teacher petitioner instituted the suit seeking decree for permanent injunction as well as mandatory injunction for cancellation of order dated 29.09.2005.

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Upon notice defendants entered appearance and contested the suit by filing written statement that petitioner already stood relieved from his service on the appointment of a permanent teacher. It was further case of the respondents/defendants that as per order passed by the Financial Commissioner and Principal Secretary to Government of Haryana as and when a regular appointee is posted(whether regular or direct recruitment or after promotion/adjustment/transfer) the head of the institution will dispense with the services of teachers engaged as guest faculty. It was further stated that appointment as a guest faculty is not an appointment but job work offer on period basis on prescribed rates.

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On the pleadings of the parties issues were framed. Both sides led evidence in support of their respective pleas. After hearing both sides and perusing the material on record the suit filed by the plaintiff was dismissed and the appeal preferred by him was also dismissed. Hence the present regular second appeal.

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RSA No.4053/2011(O&M) 3

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It is submitted by learned Counsel for the appellant that the findings recorded by the learned Trial Court and affirmed in appeal by the learned Appellate Court are contrary to the facts and evidence on record and hence liable to be set aside.

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After hearing the learned Counsel and perusing the record carefully, I am of the considered opinion that no question of law much less substantial question of law arises for determination in this appeal. Both the Courts below on the basis of material available on record have given a concurrent finding of fact that the appellant was appointed as guest teacher under the guidelines issued by Haryana Government and as per its clause/procedure(V) as and when a regular appointee is posted to that school the head of the institution will dispense with the service of teacher engaged on guest faculty basis. As regards the availability of another post in Govt. High School, Ghukanwali it was found by the learned Appellate Court that the appellant has not placed on record any material to show that he has applied for that vacant post nor any record was summoned by him from the concerned authority and as such respondents acted strictly in accordance with the instructions as well as conditions imposed in the appointment letter of the appellant.

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For the reasons stated above the present regular second appeal is dismissed.

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(Jaswant Singh) Ju dge

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01.12.2011 joshi

Gian Singh v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

Gian Singh v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

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