user109964 Naresh Kumar
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| Kim Seokjin | 48.27 | 94.2% | 1 mois avant |
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| Civil Writ Petition under Article 226 of the Constitution of India for the issuance of a writ in the nature of certiorari quashing the impugned letter dated 29.03.2024 (Annexure P-26), being absolutely illegal, arbitrary & unconstitutional and being in violation of the policy of deployment dated 30.60.2022 (Annexure P-25) and 26.10.2023 (Annexure P-31) and 22.11.2021 (Annexure P-32A). It is further prayed that during the pendency of the writ petition, the operation of the impugned letter dated 29.03.2024 (Annexure P-26) may kindly be stayed and they may be allowed to continue as per the statement given by the Additional Director, Department of School Education, Haryana, which is mentioned in the judgment passed by this Hon'ble Court on 03.02.2017 i.e. Annexure P-16 That the petitioners are resident of Haryana State and being the citizen of India, they are entitled to invoke the extra ordinary writ jurisdiction of this Hon'ble Court under Article 226 of the Constitution of India That on the instructions of the respondent department, three service providers issued an employment notice for appointment/empanelment of Computer Faculties in Government High School/Senior Secondary these services providers have wrongly Charged Rs,24,000 2250/- without having any approval from the department and there are other violations also. Therefore, these three service providers were served with delimit notice by the respondent department with a direction to refund the security amount of Rs.24,000/- and training charges of Rs.2250/- to the Computer Faculty. Copy of the letter dated 25.03.2014 and 03.07.2014 are annexed herewith as Annexure P-5 & P-6. That even these directions were not complied with by the service providers resulting into a meeting dated 31.07.2014, wherein a direction was given again to the service providers to refund the amount and to settle the issues regarding deduction of ESI/PF as per the employee and employer share immediately. But looking into the act and conduct of these service providers, the Director, Secondary Education Haryana vide letter dated 07.08.2014, issued a direction to all the District Education Officers and Block Education Officers in the State of Haryana to pay the salary for the month of April & May 2014 without any deduction of ESI/PF directly through the Principal of the school as per the attendance of the Computer Faculty. It was also directed that the Principal/School Head will pay the salary from RMSA account of the school. Copy of the letter dated 07.08.2014 to this effect is annexed herewith as Annexure P-7. That after these directions issued by the Directorate, the service providers started harassing the Computer Faculty by way of transferring them at far away stations and when the matter was brought to the knowledge of the department, the Directorate vide letter dated 08.08.2014 directed the Faculty to resume the between the department and the service providers was ordered to be terminated by respondent No.l. Copy of the order dated 22.03.2015 qua one of the service providers is annexed herewith as Annexure P¬12. Similarly letters of termination of contract were issued to the other service providers also. That the petitioners were taken aback, when they found a letter dated 23.03.2015, whereby despite termination of the contract with the service providers and control of the department, the District Education Officers were directed not to mark the attendance of the Computer Faculties in the schools. Copy of the order dated 23.03.2015 to this effect is annexed herewith as Annexure P-13 That instead of continuing with the Computer Faculties like petitioners, the nomenclature of the posts of Computer Teacher was changed to Computer Instructor and the Department approached the State Government to create a permanent cadre of Computer Instructor and to fill up them on contract basis. Aggrieved by all this, some of the colleagues of the petitioners, filed a writ petition i.e. CWP No.12948 of 2015 titled as Pankaj Kumar and others Vs. State of Haryana and others challenging therein the automatic termination and prayed that they be allowed to be continued in service till regular appointments are made and a direction was also sought to grant the withheld salary. The Hon'ble Court disposed of the writ petition with a direction to the respondents to consider the representation within a specified time. Copy of the order dated 02.07.2015 is annexed herewith as Annexure P-14. After the orders passed by the Hon'ble High Court, vide order dated 08.09.2015, an interim arrangement was made |
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| Dernière connexion | 1 mois avant |
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| Date d'inscription | 1 mois avant |
| Clavier / Portable | N/A |
| Configuration du clavier | QWERTY |
| Utilisation des ordis | 0-4 heures / jour |
| Citations | 0 |
