ASHA VIJ Vs. CHIEF OF ARMY STAFF

JUDGEMENT

(1.) As the facts and the issues raised in these two writ petitions and the contempt petition are similar, I propose to dispose or both the writ petitions and the contempt petition by this common judgment and order.

(2.) The petitionersw in the writ petitions were/are working as teaching and non-teaching staff of Delhi Area Primary School (DAPS in short ) at NOIDA. The petitioners have been working in the aforesaid capacities in the said school for different periods. The petitioners are aggrieved by the notices issued by the respondent dt. 18.3.1999 intinating the petitioners that they would be relieved from their duties that they have been doing, w.e.f. 31.3.1999 and that they would he paid three months salary upto 30.6.99 in lieu of three months notice period as per the constitution of the school. Copies of the said notices have been placed on record. Since the contents of the said notices are similar , I propose to take up and examine and discuss the notice issued to the petitioner No . 1, in CWP No. 1722/99 as a measure of convenience. In the said notice it was stated that the petitioner No.1 was appointed as Teacher in Delhi Area Public School at NOIDA w.e.f. 21.7.1988 on year to year contract basis and that her yearly contact for the Academic Year 1998 to 1999 stood expired on 21.7.98 and that since the Management Committee decided to close the school w.e.f. 1.4.199, her contract with the school would not be renewed and that she would stand relieved from her duties as Teacher w.e.f. 31.3.1999 and that she would be paid three months pay upto 30.6.99 in lieu of three months notice period as per the constitution of the school. Similar notices were also issued to all other petitioners and, therefore, being aggrieved by the same, they have preferred the present writ petition in this court.

(3.) So far C.W.No.1798/99 is concerned, the same was filed by the parents seeking for similar relief of a direction to the respondents to continue to keep the concerned school functional. As there is parity in the reliefs sought for in the two writ petitions, they are being taken up together for the purpose of discussion and disposal.