LAIQ AHMED Vs. ANGIO ARABIC HIGHER SECONDARY SCHOOL

JUDGEMENT

(1.) The appellant in this second appeal filed a suit against the respondents, challenging an order passed by the Anglo Arabic Hr. Sec. School, respondent No 1 through its Secretary Mirza Mahmood Beg, respondent 4, terminating his services as a teacher in the aforesaid school being malicious, illegal, ultra vires and unsustainable in law and a declaration that he continues in service. In addition, he claimed Rs. 2785.00 on account of arrears of his pay and Rs. 80.00 on account of loss of interest on Provident Fund or in the alternative by way of damages of wrongful and malicious termination of the services.

(2.) His case in short was that he was holding a permanent post as Assistant Teacher in the aforesaid school and as such was governed by the provisions of Punjab Education Code as amended and adopted by the Chief Commissioner of Delhi. He claimed to have been illegally suspended by the school authorities with effect from 26.8.60 and then illegally dismissed from service with effect from 31.8.61. The aforesaid action was taken against him because he was an active member of the school teachers Association on which account the Principal and members of the Managing Committee were un-happy with him.

(3.) The respondents contested the suit on various pleas giving rise to the following issues: