Abhishek Bhati v. School Management of Ghps, Punjabi Bagh & Ors

VALMIKI J. MEHTA, J MAY 30, 2013 'anb'

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3387/2013 % Date of Decision: 30th May, 2013. ABHISHEK BHATI ..... Petitioner Through: Mr.Raj Kumar Sherawat, Adv. Versus SCHOOL MANAGEMENT OF GHPS, PUNJABI BAGH & ORS. ..... Respondents Through: Mr.Harshbir Singh Kohli, Adv. for Respondent No.1. Mr.Harpreet Singh Kohli, Adv. for Respondent No.2. CORAM: HON'BLE MR. JUSTICE VALMIKI J. MEHTA To be referred to the reports or not? VALMIKI J. MEHTA (Oral) 1. Ordinarily, I would not have entertained this writ petition because the petitioner had to approach the Delhi School Tribunal in view of the judgment of the Supreme Court in the case of Shashi Gaur Vs. NCT of Delhi and Ors (2001) 10 SCC 445, but since admittedly there is no Presiding Officer at present of the Delhi School Tribunal, I am entertaining this writ petition in view of the urgency/nature of case inasmuch as the services of the petitioner as a probationary officer stand terminated. 2. This writ petition is filed by the petitioner, Abhishek Bhati impugning the memorandum of the respondent No.1/School whereby the petitioner was terminated from service on the ground that a new session has started. Following is the impugned letter dated 18.04.2013. "Ref. No.6829 18.04.13 Mr. Abhishek Bhatti S/Sh. Suresh Chandra Bhati 5/59, Street No.7 Padam Nagar Delhi-110007 With reference to your appointment letter as TGT on probation vide Office Order dated 22.01.2013, Since you are on probation as per the above mentioned order and on review it has been found that new session has been started and there is no need for your continuation in your present job hence you are relieved with immediate effect from your services. Please find enclosed herewith your pending salary and one month notice period salary cheque in lieu of Notice. This will be treated as full and final payment for the entire period of probation you were allowed to serve in this institution. Sd/- sd/- sd/- V. CHAIRMAN MANAGER PRINCIPAL Copy to: 1. Accounts Branch for information and necessary action 2. To P.A. to Principal 3. In the Personal File of the Concern" 3. Before hearing of the writ petition began, counsel for the respondent No.1 filed in Court a letter of a subsequent date 24.05.2013, issued during the pendency of this petition, and which reads as under: "BY HAND/SPEED POST/REGD. A.D./COURIER Ref. No.6760 Dated: 24.5.2013 Mr. Abhishek Bhati, S/o Sh. Suresh Chand Bhati, 5/59, Street No.7 Padam Nagar Delhi-110007 With reference to your appointment letter as TGT (Social Science and English) on probation for a period of 1 year vide Office Order dated 22.1.2013, you are hereby informed that your performance has not been found to be satisfactory and it has been decided that you are not suitable for the job as TGT (Social Science and English), your services are dispensed forthwith and you are discharged from your services with immediate effect. You filed a Writ Petition being WP(C) 3387/2013 being Abhishek Bhati Vs. School Management of GHPS & Ors. in the High Court of Delhi and pursuant thereto your case was reviewed and it transpired that it was not mentioned in the office order dated 18.4.2013 bearing Reference No.6829, that your performance was not found to be satisfactory to avoid any stigmatic observation. You are further informed that and without prejudice to the office order dated 18.4.2013 bearing Reference No.6829, since you are on probation as per the above mentioned order and on review it has been found that your services on the whole are not satisfactory, there is no need for your continuation in your present job. This is to further clarify that the office order dated 18.4.2013 bearing Reference No.6829, was issued to you, discharging you from your services as a new session had begun was to avoid making any stigmatic observation. That by way of abundant caution and to obviate any further objection to be raised by you against the school management in future this order is being issued to you in accordance with