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High Court of Punjab and HaryanaCWP/28797/2023allowed

Harbir v. Govrnment High School And ANR.

2023-12-20Mr. Justice Tribhuvan Dahiya2 pages

2023:PHHC:163677 CWP-28797-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-28797-2023 Date of Decision: 20.12.2023 Harbir

...Petitioner(s)

Versus

Government High School and others ...Respondent(s) CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present:- Mr. Jagram Singh Cooner, Advocate for the petitioner Mr. Sanjeev Kaushik, Addl. AG, Haryana *** TRIBHUVAN DAHIYA, J. (Oral) This petition has been filed, inter alia, seeking a writ of certiorari quashing the judgment dated 29.08.2022, Annexure P-1, passed by the Additional District Judge-cum-Educational Tribunal, Faridabad. 2.

It is not disputed at the Bar that the petitioner was working as D.T.H. Chowkidar with respondent no.2/Government Primary School, when his services were terminated. The Educational Tribunals have been constituted to decide appeals by employees against the managements of aided or unaided private educational institutions only. Since the petitioner was an employee of the Government School, the Tribunal had no jurisdiction to entertain his appeal.

PAYAL 2024.01.04 11:58 I attest to the accuracy and authenticity of this order/judgment

2023:PHHC:163677 CWP-28797-2023 -23.

In view thereof, the judgment is apparently without jurisdiction, and is accordingly set aside granting liberty to the petitioner to avail appropriate remedy in accordance with law.

4.

Disposed of.

(TRIBHUVAN DAHIYA) JUDGE 20.12.2023 Payal Whether speaking/reasoned Yes/No Whether reportable Yes/No PAYAL 2024.01.04 11:58 I attest to the accuracy and authenticity of this order/judgment