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2017 Supreme(Del) 1158

VALMIKI J.MEHTA
ST. THOMAS SCHOOL – Appellant
Versus
MANISH KAUSHIK – Respondent


Advocates Appeared:
For the Petitioners: Mr. Rakesh K. Khanna, Mr. Pramod Gupta and Ms. Kashivi Dutta.
For the Respondents: Mr. A.K. Singh, Mr. Rizwan and Mr. S.K. Tripathi.

JUDGMENT :

VALMIKI J. MEHTA, J.

1. By this writ petition under Article 226 & Article 227 of the Constitution of India, the petitioner impugns the judgment of the Delhi School Tribunal (DST) dated 10.12.2015 by which the DST has allowed the appeal filed under Section 8(3) of the Delhi School Education Act, 1973 and has directed reinstatement of the respondent no. 1 in this writ petition to the services with the petitioner/school. Respondent no. 1 in this writ petition was the appellant before the DST.

2. The facts of the case are that admittedly the respondent no. 1 was appointed by the petitioner/school in terms of the letter dated 4.4.2011. This letter of appointment of the respondent no. 1 reads as under:-

“ST. THOMAS SCHOOL

GOYALA VIHAR, NEAR SECTOR-19, DWARKA

NEW DELHI-110071

Ref: No. STTHMS/18/2011

DATED 04 APRIL 2011

To,

Sh MANISH KAUSHIK

S/o Sh SUGREEV KAUSHIK

VDP, DHANSA NEW DELHI-110073

SUB:- APPOINTMENT LETTER

Madam/Sir,

This is with reference to your interview for the post of PET in this school, I am pleased to inform you that you have been selected for the post in the pay scale of Rs. 12540 + 4660. The appointment will be governed by DSER and rules 1973 framed there under. Further, yo












































































































































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