VISHWA BHARTI PUBLIC SCHOOL Vs. INDER JEET SINGH

JUDGEMENT

(1.) The facts of these cases are almost identical and therefore for the sake of convenience reference will be made to the facts of W.P.(C) No.7173/2012.

(2.) Petitioner no.1-school along with its General Secretary and Principal by this writ petition impugns the judgment of the Delhi School Tribunal dated 25.4.2012. By the impugned judgment, the Tribunal set aside the communication dated 11.5.2011 issued by the petitioner no.1-school to the respondent no.1 informing that the probationary period has not been extended and the respondent no.1 stands relieved w.e.f 12.5.2011. Two main reasons weighed with the Tribunal for passing of the impugned judgment. The first was that in the opinion of the Tribunal the Minutes of Meeting of the Managing Committee dated 26.3.2011 were fabricated and the second was that the probationary period as per Rule 105 of the Delhi School Education Rules, 1973 should have been extended by one year, but it was only extended for about 50 days. The termination of services of the respondent no.1 were hence held to be illegal.

(3.) The facts of the case are that respondent no.1 was appointed as PGT(Mathematics) by the petitioner no.1-school on a probation period of one year w.e.f 1.4.2010. The appointment letter appointing respondent no.1 on probation for one year is dated 31.3.2010. Paras 2 and 3 of the appointment letter dated 31.3.2010 make it clear that confirmation will be effected only from a date of written communication to the fact that confirmation has taken place and that the services can be terminated by one month's notice or salary in lieu thereof even before expiry of the probation period. The case set up by respondent no.1 before the Delhi School Tribunal was that without any requisite backing of allegation of existence of non-satisfactory services having been rendered respondent no.1's services were terminated by the impugned communication dated 11.5.2011, besides the fact that termination is illegal because probation period could not have been less than one year and termination in such lesser period is hence automatically illegal.