IN THE HIGH COURT OF DELHI
PRADEEP NANDRAJOG & MUKTA GUPTA, JJ.
Army Welfare Education Society & Anr. – Appellant
Versus
Manju Nautiyal & Anr. - Respondents
LPA 223, 225, 227, 314, 347, 348, 353, 355 & 356 of 2015
Decided On : 29-10-2015
Delhi School Education Rules, 1973 - Rule 59, 96, 105 - Delhi School Education Act, 1973 - Appointment of teachers - Probation - Regularization - Appellants are the Army Welfare Education Society and either Army Public School - Both schools are independently recognized under the Delhi School Education Act, 1973 - Establishments recognized schools were bound by the mandate of the Delhi School Education Act, 1973 - Appointment of employees was on a probation with entitlement to confirmation if satisfactory work is rendered during period of probation - Directions issued by the Single Judge that the Director of Education should look into the working of the two schools established by the first appellant - Large number of employees of the two Army Public Schools are in litigation with their Managing Committee - Appellants are indiscriminately resorting to contract appointments notwithstanding existence of permanent posts - In some cases where work being perennial the appellants are not sanctioning a permanent post - Director of Education would look into the strength of students and keeping in view the applicable norms determined the number of posts of teachers in various categories to be sanctioned - Director of Education is directed to look into repeated tenure appointments made and extended for periods between 5 to 10 years - Appellants would work with transparency and as per law.
PRADEEP NANDRAJOG, J.
1. LPA No.223/2015, LPA No.225/2015 and LPA No.227/2015, lay a challenge to a common judgment and order dated February 25, 2015, allowing W.P.(C) No.1944/2014, W.P.(C) No.2112/2014 and W.P.(C) No.1845/2014 filed by Manju Nautiyal, Shayam Dutt and Anita Soharu Guleria respectively : the contesting respondent No.1 in the three appeals. LPA No.314/2015 lays a challenge to a judgment and order dated April 27, 2015 allowing W.P.(C) No.6180/2013 filed by Renu Barrot : the contesting respondent No.1 in the said appeal. LPA No.347/2015, LPA No.348/2015, LPA No.353/2015, LPA No.355/2015 and LPA No.356/2015 lay a challenge to a common judgment and order dated April 29, 2015 allowing W.P.(C) No.5191/2014, W.P.(C) No.5190/2015, W.P.(C) No.5189/2014, W.P.(C) No.5809/2014 and W.P.(C) No.5344/2014 filed by Ravi Kumar, Vikram Singh, Shatrughan Thakur, Sheeja Benoy and Bir Singh respectively : the contesting respondent No.1 in the five appeals. The appeals are being decided by a common judgment because identical issues arise for consideration in all the appeals, the common appellants whereof are the Army Welfare Education Society and either Army Public School, Dhaula Kuan or the Army Public School Delhi Cantonment. Both schools are independently recognized under the Delhi School Education Act, 1973 and the rules framed thereunder and are thus separate juristic entities, but having a common linkage because of the fact that the society which established the schools is the same i.e. Army Welfare Education Society. Manju Nautiyal was appointed as a Primary Teacher, Shayam Dutt as an Estate Supervisor, Anita Soharu Guleria as TGT Science (Biology), Renu Barrot as TGT Computer Science, Ravi Kumar as Computer Lab Helper, Vikram Singh and Shatrughan Thakur as Drivers, Sheeja Benoy as Nursing Assistant and Bir Singh as LDC (Account Clerks). The first four under the Army Public School Dhaula Kuan and the latter five under the Army Public School, Delhi Cantonment.
2. It would be necessary for us to note the date of initial appointment and its nature concerning respondent No.1 in the nine captioned appeals because the same would be of considerable relevance while deciding the legal issues. (i) Manju Nautiyal, having acquired Post Graduate Degree in Botany and a degree in B.Ed. was appointed as a Primary Teacher in the Army Public School Dhaula Kuan on September 01, 2009. Appointment was for a tenure till October 31, 2009 and the very next day i.e. on November 01, 2009 tenure was extended up to March 31, 2010. With a break in service from April 01, 2010 till July 07, 2011 i.e. after one year three months and seven days, on July 08, 2011 she was appointed on contract as a T.G.T. till March 31, 2013. With a break in service for the month of April, 2013, on May 02, 2013 she was appointed on an ad-hoc basis as a TGT with tenure notified to come to an end on March 26, 2014. Relevant would it be to further note that Manju Nautiyal’s appointment on tenure basis in July 08, 2011 was pursuant to a selection made by means of an interview after inviting applications, expressly indicating that the appointment would be for a tenure. Similar was the position when she was appointed once again on tenure basis in the year 2013. (ii) Shayam Dutt was appointed by the Army Public School Dhaula Kuan as an Assistant Estate Supervisor from December 01, 2009 till May 15, 2010 and with a short break, for another term commencing from May 24, 2010 to May 23, 2011. In between, on November 01, 2010 the post was designated as Estate Supervisor and tenure of appointment was changed to that of Estate Supervisor on November 01, 2010 with tenure notified till September 30, 2011. After a break of 7 days, on October 08, 2011 he was re-appointed as an Estate Supervisor till September 30, 2013 and after a break of 10 days was once again appointed as an Estate Supervisor on October 11, 2013 till March 31, 2014. (iii) Anita Soharu Guleria, having acquired a graduat
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