Amanveer Kaur And Others v. State Of Punjab And Others

{2023:PHHC:061842-DB}

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH LPA-496-2023 (O&M) Date of Decision: 01.05.2023 AMANVEER KAUR AND OTHERS .......Appellants V/s.

STATE OF PUNJAB AND OTHERS .........Respondents CORAM: HON'BLE MR. JUSTICE M.S. RAMACHANDRA RAO. HON'BLE MRS. JUSTICE SUKHVINDER KAUR.

Present

Mr. Parvesh K. Saini, Advocate for the appellants.

**** M.S. RAMACHANDRA RAO, J. (Oral) 1.

The appellants have preferred this LPA against order dt.24.04.2023 passed by the learned Single Judge in CWP-8491-2023. 2.

Notice of motion.

3.

Mr. Abhaypal Singh Gill, DAG, Punjab accepts notice on behalf of respondents-State.

4.

The appellants have challenged in the Writ Petition (CWP-8491-2023) the identical notices bearing dt.06.04.2023 proposing to terminate the appellants' services, and asking them to show cause (by being given an opportunity for personal hearing) on 17.04.2023 at 12 Noon. 5.

The grievance of the appellants is that these notices dt.06.04.2023 were communicated to the appellants through the Office of District Education Officer(SS), Amritsar on 17.04.2023, and it was impossible for them to appear for a personal hearing on the same day at Chandigarh which is 250 KMs away from Amritsar. SURESH KUMAR 2023.05.02 14:02 I attest to the accuracy and integrity of this document

{2023:PHHC:061842-DB} LPA-496-2023 (O&M) 6.

This aspect of the matter was not noticed by the learned Single Judge and he dismissed the Writ Petition on other grounds which was not necessary to be gone into by him.

7.

In view of the practical difficulty for the appellants to appear in person at Chandigarh on 17.04.2023 at 12 Noon when the notices itself were communicated to them on the same day by the Office of the District Education Officer(SS), Amritsar, this Appeal is allowed; order dt.24.04.2023 passed by the learned Single Judge is set aside; and respondents are directed to give personal hearing to the appellants on 22.05.2023 at 12 Noon.

8.

Till such hearing is provided, the services of the appellants shall not be terminated by the respondents.

9.

Pending application(s), if any, also stands disposed of. (M.S. RAMACHANDRA RAO) JUDGE (SUKHVINDER KAUR) JUDGE May 1, 2023 Ess Kay Whether speaking / reasoned :

Yes /No.

Whether Reportable :

Yes/No SURESH KUMAR 2023.05.02 14:02 I attest to the accuracy and integrity of this document