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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA
Managing Committee, Maheshwari Public School – Appellant
Versus
Vijay Prakash Soni son of Shri L.L. Soni – Respondent
| Table of Content |
|---|
| 1. termination order found illegal. (Para 1 , 2 , 3) |
| 2. arguments over reinstatement and relief. (Para 4 , 5 , 6) |
| 3. legal justification for relief type. (Para 7 , 8 , 9) |
| 4. monetary compensation awarded instead of reinstatement. (Para 10) |
| 5. judgment concluded with petition disposal. (Para 11 , 12) |
JUDGMENT :
Anand Sharma, J.
1. The present writ petition is directed against judgment dated 16.10.2001 passed by the Rajasthan Non-Government Education Institution Tribunal, Jaipur (hereinafter to be referred as 'the Tribunal'), whereby termination order dated 29.12.1997 passed by the petitioner, terminating services of the respondent No. 1 was held to be in violation of the provisions of the Rajasthan Non-Government Educational Institutions Act, 1989 (hereinafter to be referred as 'the Act of 1989'), and the petitioner–Management was directed to reinstate Respondent No. 1 with continuity of service and consequential benefits. Aggrieved thereby, the Management has invoked the supervisory and extra-ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India.
2. The factual matrix, in brief, reveals that Respondent No. 1 was although initially appoi
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.
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.
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....
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....
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.
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