RITU KAUSHAL Vs. DIRECTORATE OF EDUCATION

JUDGEMENT

(1.) By this writ petition, the petitioner, who is a teacher in the respondent no.3-school (Army Public School), challenges the order of the respondent No.3 in removing her from the post of a Primary Wing Coordinator of the respondent no.3- school. This has been done by the respondent no.3-school by passing a resolution of the Managing Committee dated 2.5.2012.

(2.) The petitioner contends that the petitioner was working as a Primary Wing Coordinator with the respondent no.3-school pursuant to the order dated 8.4.2009 of the respondent no.3-school. Petitioner contends that she had joined the respondent no.3 earlier w.e.f. 2.4.2007 as a primary teacher, and since when, she also has been doing the job of a Primary Wing Coordinator. The letter of appointment as a Primary Wing Coordinator was given subsequently only on 8.4.2009. Petitioner was initially appointed on probation and after the completion of a period of probation of one year she was given the letter of confirmation dated 31.3.2009 confirming her to the post of PRT w.e.f. 1.4.2009. The petitioner claims that she was shocked and surprised when she was informed that as per the meeting of the School Managing Committee (SMC) dated 2.5.2012, it has been decided to convert the post of Primary Wing Coordinator to a rotational post. Petitioner claims that in the garb of making the post rotational, petitioner is sought to be removed from the post of Primary Wing Coordinator and thereby reducing her rank by being made as a simple primary teacher. Petitioner claims to have represented to the school which failed to yield any result and whereafter, the present petition has come to be filed.

(3.) The petitioner has relied upon Rule 12 of Article 124 of Rules and Regulations for Army Public School, 2011 which deals with pay and allowances of teachers of the respondent no.3-school. The said Rule reads as under:-