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2008 Supreme(P&H) 1007

MOHINDER PAL, HEMANT GUPTA
Chander Kanta Bhola – Appellant
Versus
State Of Haryana – Respondent


Judgment

Hemant Gupta, J.

1. The petitioner has invoked the writ jurisdiction claiming writ of mandamus directing respondent No. 3 to absorb the petitioner as Social Studies Mistress.

2. The petitioner was appointed on 3.10.1988 as Social Studies Mistress in Jainendra Gurukul Senior Secondary School, Panchkula. The said School is an aided School but the post, against which the petitioner was appointed, was not a sanctioned and aided post, therefore, the petitioner was being paid salary @ Rs. 4,250/- per month, whereas a teacher appointed against the sanctioned and aided post was being paid Rs. 9,000/- per month. It is the case of the petitioner that one post of Social Studies Mistress and that of English Master/Mistress was available in 2004 but because of the ban imposed by Education Department vide letter dated 14.3.2005, these were not filled up. Now, vide circular dated 6.1.2006, the Government has allowed the filling up of posts in aided Schools. It is contended by the petitioner that had the ban not been imposed, the petitioner was eligible for appointment on regular basis under Rule 73 of Haryana School Education Rules, 2003 (hereinafter referred to as 2003 Rules). It is the





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