AJINDER KAUR LAMBA Vs. GURU HARKRISHAN PUBLIC SCHOOL

JUDGEMENT

(1.) THESE sixty nine petitions are being listed together and common orders have been passed therein. Common questions of law and facts are stated to be entailed therein. The counsels inform that the petitioner/s in all the petitions are teaching/non-teaching employees of the Guru Harkrishan Public Schools at different locations in Delhi. The petitions have been filed impugning the orders of termination of employment

(2.) THE counsels inform that there are two categories of cases. One category is of regular employees of the schools who have been served with termination order. THE other category is of employees who were on probation and who had been issued letters of confirmation but which letters of confirmation were withdrawn and termination letters issued. In the latter category of cases, withdrawal of letters of confirmation is also challenged.

(3.) THE counsels for the petitioners however contend that the availability of an alternative remedy does not absolutely bar the jurisdiction of this Court under Article 226 of the Constitution. THEy also invite attention to the consent order dated 11th May, 2010 in all the petitions, where it was inter alia agreed that during the pendency of these writ petitions, inquiry may be conducted by the respondent schools as per applicable rules and be completed within a period of six months. THE counsels for the petitioners contend that the respondent schools having agreed to hold the inquiry and which has not been completed till now, cannot now be permitted to urge the maintainability of the writ petition.