High Court of Punjab and HaryanaCWP/14054/2019disposed of

Surender Sheoran v. State Of Haryana And Others

2019-05-24Ms. Justice Ritu Bahri2 pages

CWP No. 14054 of 2019

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No. 14054 of 2019 Date of decision : 24.05.2019 Surender Sheoran ......Petitioner versus State of Haryana and ors.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Vivek Khatri, Advocate for the petitioner.

**** RITU BAHRI , J. (Oral) Prayer in this petition is for quashing of termination order dated 15.05.2019 (P-15) whereby services of the petitioner have been terminated. It is not in dispute that respondent No. 6 is a private aided institute and the proper remedy with the petitioner is to approach the Tribunal as per Division Bench judgment of this Court in Management of S.D. ModelSenior Secondary School & another vs. District Judge-cum-Service Tribunal & another, CR No.4315 of 2012 (decided on 27.11.2013) wherein it has been held that as per directions issued by the Hon'ble Supreme Court, Education Tribunals have since been constituted. It has been further observed that vide notifications dated 28.05.2008 and 07.05.2013, powers of Education Tribunals have been given to the District & Sessions Judges in the State of Haryana, to hear appeals of the employees of aided/unaided Medical/Dental/Ayurvedic/Homeopathic/ Educational Institutions against the decision of Management within their jurisdiction.

Learned counsel submits that earlier also the services of the Gaurav Arora 2019.05.31 15:37 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 14054 of 2019 petitioner were terminated and during the course of contempt proceedings, he had been reinstated vide order dated 28.08.2018, as per information given by learned counsel for the petitioner in CWP No. 16076-2018, decided on 31.10.2018 (P-14) In view of the above factual position, the present petition stands dispose of and petitioner is at liberty to approach the Tribunal within next 10 days and till the date of filing of stay application before the Tribunal, operation of impugned order dated 15.05.2019 (P-15) shall remain stayed. After petitioner approaches the Tribunal, the Tribunal shall pass speaking order on the stay application.

24.05.2019 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No Gaurav Arora 2019.05.31 15:37 I attest to the accuracy and integrity of this document Chandigarh