ARMY WELFARE EDUCATION SOCIETY Vs. SHALU KATARIA

JUDGEMENT

(1.) This intra-Court appeal is filed by the Army Welfare Education Society (hereinafter referred to as 'the Society?) and Army Public School run by the said Society. The appellants are aggrieved by the judgment dated 03.12.2010 in W.P.(C) No.4277 of 2010 thereby allowing the writ petition of the respondent No.1 herein and directing the appellants to issue an appointment letter in favour of the respondent No.1 for her appointment on regular post of Trained Graduate Teacher (English) in the school, pursuant to her selection by the Selection Board which selected her on 23.2.2008. The learned Single Judge has taken note of the sequence of events and facts in detail and it may not be necessary to reproduce all those facts. We would, however, like to take stock of the material facts in brief.

(2.) In December, 2007, the Society had advertised certain vacancies of Post Graduate Teacher/Trained Graduate Teacher/Primary Teacher ('PGT/TGT/PRT' in short) in different Army Public Schools in Delhi/NCR in various subjects. The candidates were to be selected on the basis of All-India Written Test and Interview as well as Teaching Demonstration. The Interview and Teaching Demonstration was meant for those who qualified in Written Test. Respondent No.1 applied for the post of TGT (English) and cleared the Written Test. She was sent call letter dated 14.2.2008 for appearing in the Interview for TGT (English) which was held on 23.2.2008. The respondent No.1 was selected for the said post.

(3.) However, instead of giving appointment as TGT (English), respondent No.1 was given appointment letter dated 14.8.2008 appointing her as PRT. Even this appointment was not on regular basis, but for a specific period from 01.8.2008 to 31.3.2009 as teacher (term based) on a consolidated salary of Rs.12,423/-. Respondent No.1 was given teaching assignment again from 16.4.2009 to 15.5.2009. The school remained closed for Summer Vacation from 16.5.2009. After the Summer Vacation, the respondent No.1 received another appointment letter dated 10.8.2009 stating that her term of appointment as PRT was for a period from 08.7.2009 to 31.3.2010. This term was again extended from 08.4.2010 to 15.5.2010. On this term, coming to an end on 15.5.2010, no further extension was given. Respondent No.1, in these circumstances, filed W.P.(C) No.4277 of 2010 on 23.6.2010 questioning the oral termination and also claiming appointment on regular basis to the post of TGT (English) in the school.