BABU LAL Vs. GURU HARIKRISHAN PUBLIC SCHOOL

JUDGEMENT

(1.) In this writ petition the issue is as to whether or not the petitioner resigned from respondent No. 2-School. Whereas the petitioner contends that the petitioner has not resigned and the resignation has been fraudulently obtained/illegally taken by respondent No. 2-School, the respondent No. 2-school says that the petitioner resigned without any coercion or any pressure or fraud by respondent No. 2. Therefore, there is disputed question of fact which requires trial before a Civil court/tribunal. It has been similarly held by a learned single Judge of this Court in the case of Sh. Radhey Shyam Sharma V. The Managing Committee, Mahasya Chunni Lal Saraswati Bal Mandir and Anr. decided on 13.05.2011 in W.P.(C) 3245/2011 and which order reads as under:-

(2.) Accordingly, counsel for the petitioner says that the petitioner will file appropriate civil proceedings to challenge the removal of the petitioner from respondent No. 2-school inasmuch as the petitioner states that the petitioner never voluntarily resigned from respondent No. 2-school.

(3.) There are interim orders which have been passed in this case on 14.08.2012 permitting the petitioner to join duties. These interim orders, without in any manner commenting one way or the other on the validity of the same, are extended for a period of 8 weeks to enable the petitioner to seek interim orders in civil proceedings/civil suit and the concerned court/tribunal will decide the question of the grant of interim orders uninfluenced by the continuation of the interim orders. I hasten to clarify that continuation of the interim orders is no reflection one way or the other on the entitlement or the disentitlement of the petitioner with respect to interim orders, and this aspect will be independently considered by the concerned court/tribunal where the petitioner's civil proceedings/civil suit would be filed.