Asha Vanti vs State of Haryana and others

Augustine George Masih, J.—Counsel for the petitioner contends that the petitioner had initially joined as Hindi Teacher against sanctioned and aided posts in K.M. High School, Bhiwani w.e.f. 17.11.1969 and continued as such till 12.01.1979. On selection and appointment in the Government Education Department, Haryana, she joined as Hindi Teacher on 13.01.1979. There was no break in service. Petitioner has retired on 31.01.1997. Petitioner is entitled to counting of the service which she has rendered in a Government Aided School in the light of the instructions dated 09.02.2011. Reliance has also been placed on a judgment passed in CWP No. 8429 of 2010 titled as Dharamvati vs. State of Haryana and others, decided on 10.05.2010 (Annexure P-7). Counsel contends that the petitioner, claiming her right under these instructions, had served a legal notice dated 07.06.2011 (Annexure P-6) on the respondents but no decision thereon has been conveyed to the petitioner till date. He contends that the petitioner, at this stage, would be satisfied if a direction is issued to the Director, Secondary Education, Haryana-respondent No. 2 to consider and decide legal notice within some specified time.

Without going into the merits of the case or commenting thereon, this writ petition is disposed of with directions to the Director, Secondary Education, Haryana-respondent No. 2 to consider and decide legal notice dated 07.06.2011 (Annexure P-6) within a period of four months from the date of receipt of certified copy of this order. The decision so taken be conveyed to the petitioner forthwith. In case, the claim made by the petitioner is accepted, the same be released to her within a further period of three months.