Disposed

Arshdeep Singh v. State of Punjab and Ors.

Punjab & Haryana HC23 May 2013CWP/11311/2013

Case brief

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What is this about?

Outstanding grievance notices or replies. Punjab judge rules on petition regarding missing appeal remedy for unaided college employees under 2007 Amendment Act, mandating state to notify appellate avenue before Educational Tribunal by June 30, 2013.

What did the court decide?

Direction to State of Punjab to issue formal notification by 30.6.2013 to make appellate avenue before Educational Tribunal available to employees.

Arshdeep Singh Vs State of Punjab and Ors. — Education and Admissions | Punjab & Haryana HC (2013)

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CWP No. 11311 of 2013

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CWP No. 11311 of 2013

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Date of decision: 23.05.2013

Arshdeep Singh

..... Petitioner

Versus

State of Punjab and others

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..... Respondents

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CORAM: HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE R.P. NAGRATH

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PRESENT: Mr. Prateek Pandit, Advocate for the petitioner.

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SURYA KANT, J. (ORAL)

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Notice of motion to respondents No. 1, 2 and 4 only at this

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stage.

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Mr. Manoj Bajaj, learned Additional Advocate General, Punjab accepts notice on their behalf.

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Let three copies of the writ petition be supplied to the learned State counsel during the course of day failing which the order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for non-prosecution.

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In view of the nature of order which we propose to pass, there is no need to seek any counter-reply from respondent Nos. 1, 2 and 4 nor any necessity to issue notice to other respondents as not order

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CWP No. 11311 of 2013 -2-

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prejudice to their interest is being passed.

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One of the grievance in this writ petition raised by the petitioner is that under the Punjab Affiliated Colleges (Security of Service) Amendment Act, 2007, no remedy to appeal before the Educational Tribunal constituted under Section 7(A) of the Punjab Privately Managed Recognized Schools Employees (Security of Service) Act, 1979 has been provided.

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Taking notice of this grievance and after hearing learned counsel for the parties, this court passed the following order on 28.1.2013 in similar writ petitions bearing CWP No. 22300 of 2012, (Chamkaur Singh Vs. State of Punjab and others and CWP No. 17347 of 2012, (Sonam Matharoo Vs. State of Punjab and others :-

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“Reply on behalf of respondent No. 3-CBSE handed over in Court is taken on record.

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The grievance made in this petition is that the employees of the unaided/affiliated colleges have not been provided remedy of appeal before the Educational Tribunal constituted under the Punjab Affiliated Colleges (Security of Service) Amendment Act, 2007. It is the submission of the petitioner that the judgment of Supreme Court in TMA PAI Foundation and others vs. State of Karnataka and others, 2008 (8) SCC 481 is not being followed in letter and spirit. This is the short question on which notice of motion was issued on 8.11.2013. However,

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CWP No. 11311 of 2013

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till date, no reply is filed by the respondent-State. Learned Addl. A.G., Punjab submits that some time be given to him to seek instructions as to whether the respondents would be willing to make suitable amendment(s) in the legislation.”

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In deference thereto, it is stated by learned State counsel that a decision in principle to carry out suitable amendment in the statute has been taken whereby the teachers/employees working against un-aided posts shall also have an appellate avenue before the Educational Tribunal. He submits that the formal notification is likely to be issued within one month.

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In view of the above-stated events which have taken place after passing of the above-reproduced order by this Court, we dispose of this writ petition with a direction to the State of Punjab to issue a formal notification by 30.6.2013. Needless to say that no sooner the remedy to appeal becomes available, the petitioner shall be entitled to submit his appeal before the Educational Tribunal, which shall then be decided in accordance with law.

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Disposed of.

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( SURYA KANT ) JUDGE May 23, 2013 ( R.P. NAGRATH ) rishu JUDGE

Arshdeep Singh v. State of Punjab and Ors.

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Arshdeep Singh v. State of Punjab and Ors.

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