GAUHATI HIGH COURT
A.K.Patnaik, J.
Prabhu Nath Pandey -Appellant
Versus
Union of India -Respondent
Writ Petition(C) Nos5 078,5120,5121 and 5122 of 1999
Decided On : 15-02-2000
Termination of Services - Army School Teachers - AWES Rules and Regulations for Army Schools, 1997 - Article 129(a)
Fact of the Case:
The petitioners, teachers at Army School, Narengi, challenged the termination of their services. They were appointed on probation with the possibility of confirmation based on satisfactory performance. The school terminated their services citing performance shortcomings.
Finding of the Court:
The court found that the Army School, Narengi was not a 'State' within the meaning of Article 12 of the Constitution and was not amenable to writ jurisdiction. The court also held that the petitioners' services could be terminated if their performance was unsatisfactory during the probation period.
Issues: The issues revolved around the jurisdiction of the court over the Army School, Narengi and the legality of terminating the petitioners' services based on performance shortcomings during the probation period.
Ratio Decidendi: The court determined that the Army School, Narengi was not a 'State' and thus not amenable to writ jurisdiction. It also established that the termination of services during the probation period due to unsatisfactory performance was within the school's authority.
Final Decision: The writ petitions were dismissed, and the interim orders were vacated. Each party was ordered to bear their own costs.
2. The petitioner in WP (C) No. 5078 of 1999, Shri Prabhu Nath Pandey, was appointed by the letter dated 14.11.92 of the Chairman, Army School, Narengi as a Trained Graduate Teacher in the Army School, Narengi at Guwahati. In the said appointment letter dated 14.11.92, it was stipulated that the post was purely temporary and services of the petitioner can be terminated by the Chairman at any time without assigning any reason or short notice. It was also stipulated in the said letter that the Principal will submit performance report of the petitioner after every three months to the Chairman. Pursuant to the said appointment, the petitioner worked as a Trained Graduate Teacher in Sanskrit in the said school on ad hoc basis on extensions given to him from time to time. By letter dated 4.8.98, the appointment of the petitioner was upgraded from the status of an ad hoc teacher to the status of a probationer. In the said letter dated 4.8.98 issued on behalf of the Chairman, Army School, 'Narengi, it was stipulated that the petitioner will be kept on probation for six months from 1.8.98 to 31.1.99. Thereafter, by letter dated 30.4.99, as per the directions of the Chairman of the fa Army School, Narengi, the Principal of the school informed the petitioner that his probation period has been extended to six months from 31.1.99 to 31.7.99 to enable him to improve his performance. By letter dated 17.8.99 issued on behalf of the Chairman, Army School, Narengi, the petitioner was again informed that the period of his probation was extended for another six months till 31.1.2000. but by the impugned notice dated 9.9.99 issued by the Chairman, Army School, Narengi, the petitioner was informed that through a performance analysis, various shortcomings have been noticed in his functioning as a Trained Graduate Teacher (Sanskrit) and that as per Article 129 (a) of the AWES Rules and Regulations for Army Schools, 1997, services of the petitioner was terminated wef 15.10.99. Aggrieved, the petitioner has prayed for quashing the said notice dated 9.9.99 terminating his services as a Trained Graduate Teacher (Sanskrit).
3. The petitioner in WP (C) No. 5120 of 1999, Mrs Riju Sharma, was appointed as a Primary Teacher (PRT) in the Army School, Narengi on probation for a period of one year w.e.f 1 August, 1998 by letter dated 25.7.98 issued on behatf of the Chairman of the Army School, Narengi. In the said appointment letter, it was stipulated that the appointment of the petitioner will be confirmed after one year provided her performance was found to be satisfactory by the School Management. Pursuant to the said appointment, the petitioner worked as a Primary Teacher in the aforesaid school. By letter dated 1.11.98, the petitioner was upgraded to the post of Trained Graduate Teacher to which she was appointed on probation for one year wef 9.11.98 and it was stipulated in the said letter of appointment dated 1.11.98 that the appointment of the petitioner as a Trained Graduate Teacher will be confirmed after one year provided her performance was found to be satisfactory by the School Management. But by notice dated 9.9.99, the petitioner was informed that through a performance analysis, various shortcomings have been noticed in her functioning as Trained Graduate Teacher and that her services were terminated wef 15.10.99 as per Article 129(a) of AWES Rules and Regulations for Army Schools, 1997. Aggrieved, the petitioner has prayed for quashing of the said notice dated 9.9.99 terminating the services of the petitioner.
4. The petitioner in WP (C) No. 5121 of 1999, Miss Rosalind Margaret
Farewell, was appointed as a Primary Teacher (PRT) in the Army School, Narengi on probation for one year w.e.f..8.98 by letter dated 4.8.98 and in the said letter, it was stipulated that t
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.