(July 24, 2001) 2001 (TLS)125551

2001-DLT-94-261 :: 2001-AD (Del)-7-205

MANAGEMENT OF M/s SHAFIQ MEMORIAL HIGHER SECONDARY SCHOOL,bara HINDU RAO,delhi Vs. Sh. Padam Kant Saxena, Presiding Officer Labour Court No. IX, Tis Hazari, Delhi

DALVEER BHANDARI

( 1 ) THIS Letters Patent Appeal is directed against the judgment and order dated 6. 1. 1996 passed by the learned Single Judg,e dismissing the writ petition in limine. The appellant had challenged in the writ petition the award passed by the learned Presiding officer, Labour Court No. IX, New Delhi published in the gazette on 16. 10. 1995.

( 2 ) BRIEF facts necessary to decide this appeal are set out as under

( 3 ) THE appellant is a recognised aided minority educational institution. Respondent No. 2 Mohammed salman Abbasi was appointed as an Upper Division clerk on a purely ad-hoc basis from 11. 6. 1977 to 31. 12. 1977. According to Rule 98 of the Delhi School Education rules,1973, it is mandatory that every appointment made by the managing committee of an aided school shall initially, be provisional and requires the approval of the Director of Education. In other words, no appointment in an aided school can be made without the prior approval of the Director of Education. Rule 98 of the Delhi School Education Rules,1973 reads, as under: ~ 98. Appoint. ing authority-- (i) The appointment of every employee of a school shall be made by its managing committee. (2) Every appointment made, by the managing committee of. an aided school shall,initially, be provisional and shall require*the approval of the director; provided that the approval of the Director will be required only where Director s nominee was not present in the Selection Committee/dpc or in case there is difference of opinion among the members of the Selection Committee ; provided further that the provision of this sub-rule shall not apply to a minority aided school. (3) The particulars of. every appointment made by the managing committee of an aided school shall be communicated by such committee to the Director (either by registered post acknowledgement due or by messenger who will obtain an acknowledgement of the receipt thereof), within seven days from the date on which the appointment is made. (4) The Director shall be deemed to have approved an appointment made by the managing committee of an aided school if within fifteen days from the date on which the particulars of the appointment are communicated to him under sub-rule (3), he does not intimate to the managing committee his disapproval of the appointment, and the person so appointed shall be entitled for his salary and allowance from the date of his appointment. (5) where any appointment made by the managing committee of an aided school is not approved by the Director, such appointment may (pending the regular appointment to the post) be continued on an adhoc basis for a period not exceeding three months and the salary and allowances of the person so continued on an adhoc basis shall qualify for the computation of the aid to be given to such school.

( 4 ) IT may be pertinent to mention that in response to the recommendation for the approval of the ad-hoc appointment of respondent No. 2, the Education officer vide letter dated 20. 7. 1977 declined to approve the said appointment. In pursuance of a further request on behalf of the appellant, the Director of Education informed the school management that the ad-hoc appointment of respondent. No. 2 has been approved for the post of Upper Division Clerk w. e. f. 11. 6. 1977 to 2. 10. 1977 on ad-hoc basis, subject to the condition that the post is covered under the post fixation. Thereafter, further approval was granted to respondent no. 2 on the same basis upto 31. 12. 1977.

( 5 ) ON 5. 1. 1978 in a meeting of the managing committee of the appellant it was decided that no regular appointment could be given to respondent No. 2 as the post of Upper Division Clerk was a promotional post and the claim of