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I am employed as a school principal in Punjab, at a school that is a Punjab Government PPP mode school, with the government holding a 70 percent share and the private player holding 30 percent. Due to differences between me and the private management regarding illegal activities that I refused to partake in, and their failure to fulfill commitments to staff regarding promised increments, I supported the staff in their demands. They suspended me on August 1st, but I have not received the official order to date.

After 140 days, they issued a charge sheet against me, and an inquiry committee was formed. They found me guilty of certain charges to which I responded by requesting evidence, which they denied. The minutes of the inquiry committee meeting were prepared but not considered.

In May 2021, I filed a Civil Writ Petition (CWP) in the high court seeking a stay due to the fear of termination, which is still pending. In January 2022, another CWP was filed challenging the charge sheet and requesting the suspension to be quashed.

On March 28th, they terminated my services. When I approached the high court with a fresh CWP to request a stay on the proceedings, the opposing counsel suggested going to the education tribunal, claiming it was not maintainable in the high court. However, 70% of the expenses are borne by the Punjab Government, and all employees have pending litigation in the high court. In 2018, three employees were terminated, and the high court granted them a stay, but the same was not granted to me. The next date is May 17, 2022, and the management has not paid me any salary since August 2021.

Considering my previous pending writs and those of other employees that were considered by the High Court, is the CWP maintainable in the high court? Can I request to reschedule my hearing?

Please guide me on the rules and regulations that would allow me to obtain an immediate stay.

From India, Ludhiana
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KK!HR
1593

High Court Writ Petition and Termination Stay

It is most likely that the writ petition will be admitted and tagged with others on the issue. In moving the High Court in its writ jurisdiction, you are trying to invoke the extraordinary jurisdiction of the High Court. There is a principle that the High Court shall not enter into such litigation where there exists an 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 for the High Court to intervene in the matter.

Chances of Stay on Termination

As regards a 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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