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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Managing Committee, D.A.V. Uchh Madhyamik Vidayalaya, Kesarganj – Appellant
Versus
Saurabh Upadhayaya S/o Sh. Ramesh Chandar Upadhyaya – Respondent
Order :
ANOOP KUMAR DHAND, J.
INDEX
(1) Prelude
(2) Submissions by counsel for petitioner
(3) Submissions by counsel for respondents
(4) Discussions & Analysis
(5) Judgments referred
(6) Conclusion & Directions
Prelude:
1. Since common questions of law and facts are involved in these writ petitions, hence, with the consent of counsel for the parties, arguments have been heard together and the instant writ petitions are being disposed of by this common order.
2. These writ petitions have been preferred against the common judgment dated 14.09.2016 passed by the Rajasthan Non-Government Educational Tribunal, Jaipur (hereinafter referred as ‘the Tribunal’) by which the appeals preferred by the respondents under Section 19 of the Rajasthan Non-Government Educational Institutions Act, 1989 (for short ‘Act of 1989’) have been allowed and their termination orders have been quashed and set aside with direction for their reinstatement in service with all consequential benefits.
3. For the sake of convenience, the facts and prayer pleaded in S.B. Civil Writ Petition No.3668/2017 is taken into consideration. The instant writ petition has been submitted with the following prayer:
“a) By appropriate writ, or
The court affirmed that all employees, including those on temporary contracts, are entitled to protections under Section 18 of the Act, requiring notice and approval for termination.
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....
The main legal point established in the judgment is that the provisions of the act of 1989, Section 18, and Section 20 do not apply to a part-time job appointment on a contractual basis for a fixed p....
Termination of service in recognized institutions requires compliance with statutory provisions, including notice and inquiry, regardless of the employee's appointment status.
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.
Termination of services must comply with statutory requirements of notice or salary in lieu, and failure to do so renders the order illegal.
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....
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.
Reinstatement is not an automatic remedy for illegal termination; monetary compensation may be awarded based on employee’s context, such as age and duration of service.
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