Jagjit Kaur v. S.G.P.C. Amritsar Etc.

CWP 11469/2011 and 1 CWP 11321/2012

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:02/08/2016

(1) CWP No.11469/2011 Jagjit Kaur ............Petitioner vs Shiromani Gurudwara Parbhandak Committee,Amritsar and others .............Respondents (2)CWP 11321/2012 Jagjit Kaur ............Petitioner vs Shiromani Gurudwara Parbhandak Committee,Amritsar and others .............Respondents CORAM:- HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.V.K.Sharma,Advocate for the petitioner in both the writ petitions.

Mr.PS Thiara,Advocate for respondents 1 to 5 in CWP 11469/2011 Mr.MS Longia,Advocate for respondents 1 to 3 in CWP No.11321/2012 ******* Jaswant Singh,J(Oral) This common order shall dispose of aforesaid writ petitions bearing No.11469/2011 and CWP 11321/2012.

Petitioner-Jagjit Kaur is in the employment of Shiromani Gurudwara Parbhandak Committee as a Junior Assistant. In the petition bearing CWP No.11469/2011 she has challenged the transfer orders and her Rajinder Parshad Joshi 2016.08.02 17:32 I attest to the accuracy and integrity of this document

CWP 11469/2011 and 2 CWP 11321/2012 consequent relieving, transferring her from Mata Ganga Khalsa College for Girls,Kottan (Ludhiana)-respondent no.3 to another College at Patiala. In the other petition bearing CWP No.11321/2012 she is seeking quashing of the two charge sheets dated 14.12.2011 (P-17) and 2.2.2012 (P-18) issued by Shiromani Gurudwara Parbhandak Committee. It is averred that both the actions are result of mala fides of Dr.Gurmohan Singh, Director Education, SGPC.

Upon notice, replies in both the petitions have since been filed contesting the claim.

However, subsequently CM 4866/2016 in CWP 11321/2012 seeking transfer of these two petitions before Educational Tribunal constituted under Section 7-A of The Punjab Affiliated Colleges (Security of Service of Employees)Act,1974 has been moved, as it is claimed that the college where the petitioner is posted is a privately managed affiliated college.

Learned counsel for the non-applicant/petitioner in the light of specific provision under the relevant Act do not dispute that both the petitions have to be relegated to the Tribunal for adjudication. In view of the aforesaid agreed stand, both the aforesaid writ petitions are ordered to be transferred and placed before Educational Tribunal,Punjab under the said Act.

Registry to do the needful within 15 days from today. Parties through their counsel are directed to appear before the Educational Tribunal on 6.10.2016 for further proceedings. A copy of this order be placed on the file of connected writ petition bearing CWP 11321/2012.

02.08.2016 (Jaswant Singh) joshi Judge Whether speaking/ reasoned Yes/No Whether Reportable:

Yes/No Rajinder Parshad Joshi 2016.08.02 17:32 I attest to the accuracy and integrity of this document