I am employed as a School principal at Punjab in a school - which is Punjab Government PPP mode school in which 70 percent share is of Government and 30% is of private player.
Due to differences between me and private management on account of illegal work which i refused and private management did not comply with the commitments to staff regarding committed increments I supported staff in their demand.
They suspended me on 1 August but the order has not been received by me to date
After 140 days they charge-sheeted me and the eyewash inquiry committee was framed and they found me guilty of a few charges regarding which I responded to them demanding proofs which they denied.
Minutes of the meeting of the inquiry committee were framed but not considered
In May 2021 i filed Civil Writ Petition (CWP) in high court regarding stay due to apprehension of termination and still pending
In Jan 2022 another CWP was filed challenging charge sheet and prayer to quash the suspension
On 28 March they terminated my services and when I moved to the high court with fresh CWP to stay the proceedings opposite counsel pleaded to go to the education tribunal as it is not maintainable in the high court but contrary to that 70 % of expenses is borne by Punjab Government moreover all employees have litigation pending in high court
In 2018 three employees were terminated and the high court granted them a stay but not granted to me on 10 March 2022 next date is 17 May 2022 and management have not paid me a single penny since August 2021
Is the CWP maintainable in high court keeping in view my previous pending writs and writs of other employees which were considered by the High court?
Can i prepone my hearing?
Kindly guide me with rules and regulations under which I can get immediate stay
From India, Ludhiana
It is most likely that the writ petition is admitted and will be tagged with others on the issue. In moving the High Court in its writ jurisdiction, you are trying invoke the extra ordinary jurisdiction of the High Court. There is a principle that the High Court shall not enter into such litigation where there exist alternate and efficacious remedy. That is one point which the opposite party will harp upon. Your advocate should be well prepared to answer this. You have strong points to assail the termination order prima facie as you have not been paid subsistence allowance or pay during the period of suspension. This one point is sufficient to High Court to intervene in the matter.
As regards stay on termination, I don't foresee good chances for it. Since the termination has come into effect, there is less chance as status quo ante is normally not restored. Much would depend on the standing of your advocate as it is purely a discretionary benefit for the court to grant.
From India, Mumbai
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