SAROJ ANAND Vs. HANUMAN MANDIR MIDDLE

JUDGEMENT

(1.) Shri Hanuman Mandir Committee (for short the 'Society') is a society registered under the Societies Registration Act. The society is managing two schools, namely, Shri Hanurnan Mandir Middle School (now upgraded and called Shri Hanuman Mandir Secondary School), which is a recognised Government aided school, and Shri Hanuman Mandir Public School, which is a private school, neither recognised nor aided by the Government.

(2.) It is claimed by the appellant that on December 2, 1987 she was appointed as Assistant Teacher in Shri Hanuman Mandir Middle School. After serving in the said school for several years she alongwith four other teachers and a clerk of the school were not allowed to perform their duties in the school w.e.f. May 3, 1995. According to the appellant, this act of the first respondent, Shri Hanuman Mandir Middle School, and the second respondent, the Chairman, Shri Hanuman Mandir Middle School, amounted to their removal from service in violation of the law. The appellant issued a notice to the first and second respondents calling upon them to reinstate her in Shri Hanuman Mandir Middle School. In response, the Manager of Shri Hanuman Mandir Middle School vide letter dated 22nd May, 1995 took the stand that she was never employed by Shri Hanuman Mandir Middle School.

(3.) The appellant, being aggrieved by the action of the first and the second respondents, filed an appeal before the Delhi School Tribunal. The Tribunal by its order, dated 30th April, 1996 held that the appellant was appointed in Shri Hanuman Mandir Middle School and the action of the society in removing her from service was arbitrary. The said respondents were directed to reinstate the appellant in Shri Hanuman Mandir Middle School with consequential benefits.