Back
SATISH CHANDRA SHARMA, SANJEEV NARULA
Dayanand Model School – Appellant
Versus
Government of NCT of Delhi – Respondent
JUDGMENT
Satish Chandra Sharma, C.J.
1. The present Letters Patent Appeal (the "LPA") has been filed under Clause 10 of the Letters Patent Act assailing the judgment dated 14.11.2022 passed by the learned Single Judge in W.P.(C.) No. 10523/2019, titled Smt. Anjna Luthra v. Government of NCT of Delhi and Ors. (the "Writ Petition").
2. The learned Single Judge vide judgment dated 14.11.2022 allowed the underlying Writ Petition preferred by Respondent No. 3 and directed the payment of Respondent No. 3's full salary for the intervening period between 13.11.2019 and 30.09.2021 i.e. the date of superannuation; and the payment of terminal dues to Respondent No. 3 subsequent to her superannuation on 30.09.2021.
3. The facts of the case reveal that the Respondent No. 3, started her service career by joining Dayanand Model School (the "Appellant School") as an Assistant Teacher on 14.07.1986. She was appointed, keeping in view the statutory provisions as contained under the Delhi School Education Act, 1973 (the "DSE Act") and the Delhi School Education Rules, 1973 (the "DSE Rules").
4. Thereafter on 01.12.1991, Respondent No. 3 was promoted as a Trained Graduate Teacher ("TGT") in scienc
The main legal point established in the judgment is the mandatory requirement of prior approval from the Director of Education for termination of an employee of a recognized private school, as provid....
The main legal point established in the judgment is that the prior approval of the Director of Education is mandatory for the termination/removal of an employee of a recognized institution under Sect....
Suspension orders without prior approval from the Director of Education lapse after 15 days, ensuring employee protection under the Delhi School Education Act.
Prior approval from the Director of Education is mandatory for the termination of employees in recognized institutions, emphasizing the importance of due process and adherence to statutory provisions....
In case of termination of an employee of a recognized institution prior approval of Director of Education or an officer authorised by him in this behalf has to be obtained.
The court held that under Section 8(4) of the DSE Act, a suspension order lapses if not approved by the Directorate of Education within 15 days, thus mandating procedural protections for educational ....
Termination of an employee under the Rajasthan Non-Government Educational Institutions Act requires prior approval from the Director of Education, ensuring procedural safeguards are followed.
Dismissal without prior approval of DOE under Section 8(2) of the Delhi School Education Act, 1973 is not sustainable.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
