The High Court dismissed a writ petition wherein a petitioner, a former school headmaster on leave abroad during a government school takeover, sought absorption into government service. The court held the statutory condition required staff to be present on the takeover date.
Application dismissing the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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C.W.P. No.3680 of 1994
In the High Court for the States of Punjab and Haryana at Chandigarh
C.W.P. No.3680 of 1994
Date of decision: 3.1.2012
Avtar Singh son of Shri Karam Singh
..Petitioner
Versus
The State of Punjab and others
..Respondents
Coram: Hon'ble Mr. Justice Rajiv Narain Raina
Present: Mr. B.S.Sodhi, Advocate for the petitioner. Mr. Narinder Singh Pawar, Addl. A.G.Punjab for the respondents .
Rajiv Narain Raina,J
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C.W.P. No.3680 of 1994
(for short “ DPI (S), Punjab”). One of the salient terms of the take over was that all teachers and allied staff of the private aided school who were duly qualified to hold the respective posts would be taken over and absorbed as Government servants but only such as were “working at the time of taking over” . The crucial date, therefore, was 19.8.1991. On 19.8.1991, it is past dispute that the petitioner was not present on the working strength of the school and was living in United States of America. It is not disputed that in the list enclosed with the conditions of take over, the petitioner's name found mention at Serial No.1. This list of 14 employees of the school was only an offer of appointments on purely temporary basis for six months subject to final approval of the recruiting agency, the State Government.
C.W.P. No.3680 of 1994
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sanctioned from the Government even though as Headmaster of the private aided school, he well knew and would be assumed to know that the process of take over of the school was underway and in process. Therefore, his willful absence would deprive him of any right to be one of the opted personnel of the school. It is further stated that the plea taken by the petitioner that his lien was transferred from Government High School, Mehndipur to Government High School Kukar Suha (Hoshiarpur) by (P5) is of no consequence as the question of lien can arise only if the Government department had passed a posting order and the petitioner had joined that post. No right would arise in the petitioner’s favour to stake a claim on the principle of lien. The State has pointed out that the averments in the writ petition in para 7 where it is said that when the management had sanctioned leave from 8.8.1991 to 7.8.1992 without pay, his case for approval of leave was sent to the office of DPI(S),Punjab by the school is incorrect. It was also incorrect that his leave had already been sanctioned by the department. There was no truth in the statement. Had the department sanctioned the leave, there would have been no impediment in paving the way of his entry into Government service on take over of the school by the Government.
C.W.P. No.3680 of 1994
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Bench decision of this Court in CWP No.6839 of 1993- Avtar Singh Vs. State of Punjab and others decided on 25.7.1994 in a matter relating to the same school in the context of take over by the Government. The petitioner there was a Science Master appointed by the Managing Committee on 30.9.1989. His complaint was that his name did not find mention in the list of take over employees and that he could not be denied his right of being absorbed in Government service merely because the Inspector did not include his name on the staff strength. The case is distinguishable on facts as the petitioner there had worked on an aided post at the time of take over vide Government letter 21.5.1991. There was no dispute that he was not working on the cut off date. In these circumstances, the Court directed that he be absorbed.
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C.W.P. No.3680 of 1994
being kept away from work on the cut off date and for reasons beyond his control. He must have been fully conscious and alive of the fact that the private aided school was in the process of taken over by the Government with all its splendid benefits. In paragraph 4 of the petition he admits that in the year 1991 respondents 1 & 2 started taking steps for taking over the school. He should not have sought further leave from his management beyond 7.8.1991 for a further year till 7.8.1992. Here lies the Achilles heel of his case.
(RAJIV NARAIN RAINA) JUDGE
January 3,2012 nk
3 issues framed by the court
Whether a private school headmaster on leave abroad could claim absorption as a government servant under the terms of a school takeover.
Whether the petitioner's delay in filing the petition defeated his claim.
Whether the stipulation limiting absorption to staff 'working at the time of taking over' applied to the petitioner.
Colour shows how this judgement treated each authority
Avtar Singh Vs. State of Punjab and othersDistinguished¶30
CWP No.6839 of 1993-Avtar Singh Vs. State of Punjab and others
Mrs. Jaswinder Kaur Vs. State of Punjab and anotherDistinguished¶31
CWP No. 4321 of 1986-Mrs. Jaswinder Kaur Vs. State of Punjab and another
Avtar Singh
State of Punjab
Rajiv Narain Raina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
