ASHA VIJ Vs. CHIEF OF ARMY STAFF

JUDGEMENT

(1.) THIS intra-court appeal impugns the judgment dated 07.11.2001 of the learned Single Judge dismissing W.P.(C) No.1722/1999 preferred by the appellants, as not maintainable. The appeal was admitted for hearing. None appeared for the respondents when the appeal was called for hearing on 19.07.2012 and 26.07.2012. In the circumstances, we requested Ms. Jyoti Singh, Senior Advocate, who was earlier appearing for the respondents, to assist us in the matter as Amicus Curiae. The counsel for the appellants and the learned Amicus Curiae have been heard. The counsel for the appellants has also filed written synopsis of arguments.

(2.) THE appellants were working as teaching / non-teaching staff of Delhi Area Primary School at Noida and had filed the writ petition aggrieved from the notices issued by the Chief of Army Staff intimating them that they would be relieved from their duties with effect from 31.03.1999 and would be paid three months salary i.e. upto 30.06.1999 in lieu of three months notice period. Impugning the same, the writ petition from which this appeal arises, was filed.

(3.) THE counsel for the appellants has argued that the School had earlier terminated the services of some of the appellants and which had lead to the filing then of W.P.(C) No.5300/1998 titled Smt. Asha Vij Vs. The Chief of Army Staff which was allowed by a Single Judge of this Court vide judgment dated 30.10.1998. It is contended that the issue of maintainability of writ petition against the respondents was thus res judicata. It is also argued that no documents qua the existence of the Society have been produced before this Court. It is yet further contended that the General Officer Commanding (GOC), Delhi Area is the ex officio Chairman of the Managing Committee of the Schools functioning under the supervisory control of Headquarter, Delhi Area; that the device of closure of the School was adopted after being unsuccessful in the earlier attempt to terminate the services of the appellants; that in fact there is no closure inasmuch as the children in the School have been shifted to the Army Public School; that the appellants were also thus entitled to be so absorbed in the Army Public School; that inspite of the direction of the learned Single Judge that as and when appropriate vacancies arise, the appellants be considered, none of the appellants have been absorbed in the Army Public School or in other Schools. It is also argued that initial fund for establishment of the School was provided by the Army Headquarter out of the Government Funds. Reliance is placed on Unni Krishanan J.P. Vs. State of Andhra Pradesh JT 1993 (1) SC 474 (holding that right to education is a fundamental right) and on Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust Vs. V.R. Rudani AIR 1989 SC 1607 (holding that imparting education is a public duty and Army welfare is also part of public duty).