* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment reserved on: 09.12.2025

Judgment pronounced on: 12.12.2025

+ W.P.(C) 10400/2016 & CM APPL. 40822/2016

MANAGEMENT/CHAIRMAN BALVANTRAY MEHTA

VIDYA BHAWAN SENIOR SECONDARY SCHOOL

AND ANR .....Petitioners

Through: Mr. Anuj Aggarwal, Ms.

Kritika Matta, Mr. Nikhil Pawar and Mr. Pradeep Kumar,

Advs. versus

ANIL KUMAR AGGARWAL AND ANR .....Respondents

Through: Mr. Dhan Mohan, Ms. Tanisha

Bhatia, Ms. Anjali Choudhary, Mr. Mohit Gupta and Mr.

Akash Yadav, Advs.

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN

J U D G M E N T

1. This petition is filed seeking quashing of order of the Delhi

School Tribunal (for short ‗The Tribunal‘) dated 29.09.2016.

2. The brief facts are that respondent no.1 (for brevity respondent) was appointed as TGT (Science) on 17.08.1982 and was promoted to post of PGT (Physics) on 25.10.2000. The respondent sought Voluntary Retirement from Service (for short ‗VRS‘) on 11.07.2013 with a request to be relieved w.e.f. 21.08.2013. The management committee in meeting held on 27.07.2013 accepted the request for VRS and curtailed the notice period. In November 2013, the retiral

dues were paid to the respondent.

2.1 On 21.03.2014, respondent filed an application withdrawing the VRS. The application was rejected by the managing committee in meeting held on 16.04.2014. The decision was communicated to the respondent on 24.05.2014.

2.2 The respondent filed an appeal before the Tribunal on 29.09.2015 seeking reinstatement in service. The Tribunal passed the impugned order holding that the acceptance of the VRS of the respondent was in non-compliance of Section 8(2) of the Delhi School Education Act, 1973 (for short ‗the 1973 Act‘). The respondent was ordered to be reinstated in service.

3. Learned counsel for the petitioner submits that there is no provision for VRS under the 1973 Act. The respondent was governed by the Central Civil Services (Pension) Rules, 1972 (hereinafter referred to as ‗CCS Rules‘) and sought VRS as per Rule 48-A and Section 8(2) of 1973 Act had no application.

4. As per contra the acceptance of the VRS by the managing committee was not approved by the Director of Education (for short ‗Director‘) and was not a valid decision. Reliance is placed upon decision of this court in W.P.(C) 3415/2012 titled as Mangal Sain Jain VS. Principal, Balvantray Mehta Vidya Bhawan & Ors. decided on 10.08.2020 to buttress the argument that approval u/s 8(2)

of the 1973 Act was mandatory.

5. No other contentions than those as noted above were raised by either of the parties.

6. The issue involved is as to whether Section 8(2) of the 1973 Act shall apply to VRS taken under Rule 48-A of the CCS Rules.

7. Before proceeding further, it would be relevant to quote Section 8(2) of the 1973 Act, Rule 117 of Delhi School Education Rules, 1973 (for short ‗1973 Rules‘) and Rule 48-A of the CCS Rules.

Section 8(2) of the Delhi School Education Act, 1973 ―8. Terms and conditions of service of employees of recognised private schools.......

(2) Subject to any rule that may be made in this behalf, no employee of a recognised private school shall be dismissed, removed or reduced in rank nor shall his service be otherwise terminated except with the prior approval of the Director.‖

Rule 117 of the Delhi School Education Rules, 1973 “117. Penalties and disciplinary authority The following penalties may, for good and sufficient reasons, including the breach of one or more of the provisions of the Code of conduct, be imposed upon an employee of a recognised private school, whether aided or not, namely:—

(a) Minor penalties,:—

(i) censure;

(ii) recovery from pay the whole or any part of any pecuniary loss caused lo the school by negligence or breach of orders;

(iii) withholding of increments of pay;

(b) Major penalties,:—

(i) reduction in rank;

(ii) compulsory retirement;

iii) removal from service, which shall not be a disqualification for future employment in any other recognised private school;

(iv) dismissal from service, which shall