Rajkumari Khanchandani v. The Management of Ses, Baba Nebhraj Sr Sec School and Anr

P.K. BHASIN, J.

J.R. MIDHA, J. JANUARY 03, 2014 aj

* IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 983/2013 and CM APPL.Nos.20695-96/2013 % Date of Decision : 3rd January, 2014 RAJKUMARI KHANCHANDANI ..... Appellant Through : Mr. Akhil Sachar, Advocate versus THE MANAGEMENT OF SES, BABA NEBHRAJ SR SEC SCHOOL AND ANR ..... Respondents Through : None CORAM: HON'BLE MR. JUSTICE P.K. BHASIN HON'BLE MR. JUSTICE J.R. MIDHA CM No.20695/2013 Allowed, subject to just exceptions. The application is disposed of. CM No.20696/2013 The delay in re-filing the appeal is condoned. This application stands disposed of. LPA 983/2013 We have heard the learned counsel for the appellant. 2. The appellant is aggrieved by the judgment dated 26th August, 2013 passed by the learned Single Judge allowing the writ petition of respondent no.1-School and reversing the order of the Delhi School Tribunal dated 11th August, 2011 whereby termination of services of the appellant by the management of respondent no.1–School, where she was employed as an Assistant Teacher, was held to be illegal, unfair and unjust and she was directed to be reinstated with 50% back wages, has been set aside. 3. The appellant was appointed as an Assistant Teacher in the respondent no. 1 School vide appointment order dated 30.10.1987 according to which she was to be on probation for a period of two years. During the said period of probation her services came to be terminated vide termination order dated 27th October, 1989 which is re-produced below:- "SINDHI EDUCATION SOCIETY'S BABA NEBHRAJ SENIOR SECONDARY SCHOOL (GOVT. AIDED AND RECOGNIZED) No.P52/(RK)SESBN/89/359 Dated : 27th October, 1989 Sub : Termination of services of Mrs. Rajkumari Khanchandani Asstt. Teacher. Mrs. Rajkumar Khanchandani Asstt. Teacher on probation is hereby informed that the Managing Committee of this school after careful consideration have come to the conclusion that her work and performance etc. as Asstt. Teacher in this School during her probationary period has been most unsatisfactory and her continuance in that capacity is detrimental to the interest of this institution. Accordingly the School Managing Committee in this Emergent Meeting held on 26.10.89, unanimously decided to terminate her services forthwith. In view of the above the services of Mrs. Rajkumari Khanchandani as Asstt. Teacher in this School are hereby terminated w.e.f. After noon of 27th October, 1989. Manager SES, Baba Nebhraj Sr. Sec. School, Lajpat Nagar-I, New Delhi-110024 To, Mr. Rajkumari Khanchandani, Asstt. Teacher on probation" 4. Feeling aggrieved, the appellant filed an appeal before the Delhi School Tribunal under Section 8(3) of the Delhi School Education Act, 1973. In the appeal, the appellant had herself pleaded that she was put on probation for a period of two years at the time of her initial appointment on 02.11.1987. She further pleaded that her services had been terminated with ulterior motives on 27.10.1989. It was also alleged in the appeal that the management of respondent no.1–School was in the habit of exploiting its employees. 5. The learned Presiding Officer of the Tribunal allowed the appeal vide judgment dated 11th August, 2011. While allowing the appeal the Tribunal ordered re-instatement of the appellant with 50% back wages. Feeling aggrieved by the decision of the Tribunal the respondent no.1–School filed a writ petition in this Court which, as noticed already, has been allowed by the learned Single Judge vide impugned judgment dated 26.08.2013. In that judgment the learned Single Judge has come to the conclusion that the termination of the services of the appellant was admittedly during the period of probation and also that it was non-stigmatic. 6. The learned counsel for the appellant has submitted that this Court has already admitted one LPA (being LPA No.749/2013) in which the interpretation of Rule 105 of the Delhi School Education Rules, 1973 is involved and in the present case also interpretation of the same Rule is involved and, therefore, this appea