MUNICIPAL COUNCIL, NANGAL & ORS. Vs. ARUNA SAINI

JUDGEMENT

(1.) Leave granted. The Suit filed by the Respondent seeking a direction to the Appellants to reinstate her as Social Studies Teacher in Shivalik NAC High School, Naya Nangal was decreed which was modified in the First Appeal filed by the Appellants. The First Appellate Court held that the Respondent only had a right to be considered for appointment and was not entitled for a direction of reinstatement. The High Court reversed the judgment of the First Appellate Court and restored the judgment and decree of the Trial Court. The said judgment of the High Court is in challenge before us.

(2.) The Respondent was appointed as a temporary Social Studies Teacher on 20.07.1994 against a leave vacancy. The vacancy arose due to the non- joining of Smt. Raj Verma who availed leave from 15.07.1993 to 17.07.1993 and did not report later. By an order dated 03.12.1994, the Executive Officer-cum-Member Secretary, Shivalik NAC High School, Naya Nangal dismissed Smt. Raj Verma w.e.f. 15.11.1994 for her unauthorised absence. Vide Resolution No.3 dated 15.11.1994 the Respondent was appointed as a Social Studies Teacher on a permanent basis in the post that fell vacant due to the termination of services of Smt. Raj Verma. One of the conditions of the appointment of the Respondent was that she will not be entitled to claim any right if Smt. Raj Verma succeeded in the case filed by her. Smt. Raj Verma was reinstated on 14.07.2003 in view of the decision of the Court in her favour. On 15.07.2003, the Executive Officer of the Municipal Council, Nangal relieved the Respondent on the ground that her services were no longer required in view of the reinstatement of Smt. Raj Verma.

(3.) The Respondent approached the High Court by filing a Writ Petition challenging the termination of her services and withdrew the same with liberty to approach the Labour Court. She later filed an application for modification of the order with liberty to file a Civil Suit. The said application was allowed by the High Court on 03.09.2004.