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2015 Supreme(Del) 794

PRADEEP NANDRAJOG, SANJIV KHANNA, ASHUTOSH KUMAR
Guru Harkishan Public School through its Managing Committee – Appellant
Versus
Director of Education – Respondent


Advocate Appeared:
For the Petitioner:A.P.S. Ahluwalia, Senior Advocate instructed by S.S. Ahluwalia, Advocate.
For the Respondents:R1, Gautam Narayan, Asmita Singh, R2, T.N. Tripathi, Advocates.

Judgment

PRADEEP NANDRAJOG, J.

1. Reference has been made to a larger Bench by the learned Single Judge vide order dated March 27, 2015 noting a conflict between opinions expressed by two learned Single Judges of this Court in the decision reported as The Manager Arya Samaj Girls Higher Secondary School & Another vs. Sunrita Thakur, (1991) 43 DLT 139 and the decision dated January 17, 2006 in W.P. (C) No. 7617/2000 The Managing Committee Heera Lal Jain vs. Shri Chander Gupt Sharma & Others. The former decision holds that the Delhi School Tribunal constituted under Section 11 of the Delhi School Education Act, 1973, does not have the power to decide the issue of back wages to be paid for the period interregnum an employee of a recognized school is compulsorily retired from service till reinstatement and that matters regarding payment of salary and allowances to such employee on reinstatement is regulated by Rule 121 of the Delhi School Education Rules, 1973; as per which the necessary decision has to be taken by the Managing Committee of the school. The latter view holds to the contrary. The reference therefore would be whether the Delhi School Tribunal has the power, while reinstatin























































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