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2017 Supreme(Del) 963

VALMIKI J.MEHTA
RANJIT SINGH – Appellant
Versus
GURU HARKRISHAN PUBLIC SCHOOL (NEW DELHI SOCIETY) – Respondent


Advocates Appeared:
For the Petitioner:Mr. R.K. Saini, Mr. Minal Sehgal, Advocates.
For the Respondent:Mr. Jasmeet Singh, Advocate.

JUDGMENT :

VALMIKI J. MEHTA, J.

1. By this writ petition under Article 226 of the Constitution of India, the petitioner seeks the relief of quashing of transfer order dated 7.3.2017 issued by the respondent no. 2/Guru Harkrishan Public School transferring the petitioner from Guru Harkrishan Public School, Kalkaji to Guru Harkrishan Public School, Tilak Nagar.

2. The legal propositions with respect to whether an employee of a private unaided school in Delhi can be transferred to another school in Delhi, are well settled as under :

(i) Each school branch functioning as a school under the Delhi School Education Act and Rules, 1973 is a separate entity than another school, and which may in fact be a branch even under the same management.

(ii) Transfer of an employee from one school branch to another school or to another branch of the school under the same management is permissible provided two conditions are satisfied. The first condition is that a common seniority list must be maintained of all the schools under the same management so that the seniority of the employee who is transferred from one school to another school is not affected. The second condition is that in the employment terms











































































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