MOUNT ABU EDUCATION SOCIETY Vs. ANSHU SHARMA

JUDGEMENT

(1.) The Petitioner, Mount Abu Education Society (Society'), has filed this writ petition challenging an order dated 8 th March 2011 passed by the Delhi School Tribunal (Tribunal') allowing Appeal No. 46 of 2005 filed by Respondent No. 1, Smt. Anshu Sharma, holding that the termination of her services by the Petitioner was illegal and she was entitled to reinstatement with full back wages and other allowances.

(2.) While directing notice to issue on 1 st June 2011, this Court placed on record a statement made on behalf of Respondent No. 1 that no coercive action would be taken in terms of the impugned order of the Tribunal.

(3.) Respondent No. 1 was appointed as a Trained Graduate Teacher [TGT'] (Hindi) in Mount Abu Public School [School'] run by the Petitioner Society on 1 st October 1994 on temporary basis in the pay scale of Rs. 1400-2600. In April 1996, she was promoted as a Post Graduate Teacher [PGT'] (Hindi) to conduct classes at the senior secondary level, i.e., Classes XI and XII. It is stated that since 2000-2001, no student in Classes XI and XII opted for Hindi as a subject. Accordingly, it was decided that there was no requirement of a PGT (Hindi). The matter was placed before the Managing Committee [MC'] which was attended by the representative of the Director of Education [DoE'], Respondent No. 2 herein, on 30 th November 2005. Para 3 of the minutes of the said meeting reads as under: