GAJANAND SHARMA Vs. ADARSH SIKSHA PARISAD SAMITI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 06.05.2022 passed by the High Court of Judicature for Rajasthan Bench at Jaipur in D.B. Special Appeal Writ Nos. 1077/2005 (filed by the management) and 826/2011 (filed by the employee), by which the Division Bench of the High Court has allowed the appeal preferred by the respondent(s) herein - management and has quashed and set aside the judgement and order passed by the learned Single Judge and the order passed by the learned Tribunal quashing and setting aside the order of termination dated 06.08.1998 and consequently upheld the same, the employee has preferred the present appeals.

(2.) The facts leading to the present appeals in a nutshell are as under: -

(3.) Now so far as the impugned judgment and order passed by the Division Bench of the High Court upholding the order of termination and quashing and setting aside the orders passed by the learned Tribunal and the learned Single Judge is concerned, it is vehemently submitted by the learned counsel appearing on behalf of the appellant - employee that as such the High Court has materially erred in not following the binding decision of this Court in the case of Raj Kumar (supra). It is submitted that though not permissible, observing and holding that the decision of this Court in the case of Raj Kumar (supra), the Division Bench of the High Court has not followed the decision in the case of Raj Kumar (supra) on the ground that in the case of Raj Kumar (supra), this Court had not considered the decision in the case of T.M.A. Pai Foundation (supra). It is submitted that the aforesaid is factually incorrect. It is submitted that as such while passing the judgment and order in the case of Raj Kumar (supra) this Court had taken into consideration at least in more than 8-9 paragraphs the decision of this Court in the case of T.M.A. Pai Foundation (supra) (paragraphs 13, 42, 43, 47, 50-52, 61 and 64). It is submitted that therefore, the Division Bench of the High Court has seriously erred in not following the binding decision of this Court in the case of Raj Kumar (supra).