SATBIR SINGH Vs. DELHI SIKH GURUDWARA MANAGEMENT COMMITTEE

JUDGEMENT

(1.) THIS writ petition is filed by two petitioners namely Sh. Satbir Singh and Sh. Ram Baran. The prayer made in the writ petition is for quashing of the office order dated 10.10.2007 issued by respondent No.2-school whereby the petitioners have been transferred out of respondent No.2-School and have been asked to join the respondent No.1-Society. Another prayer is for quashing of the office order dated 11.10.2007 whereby the petitioners have been relieved of their duties.

(2.) LEARNED counsel for the petitioner contends that the petitioners were appointed by the School which is a separate legal entity than the respondent No.1- Society, and therefore, transfer of the petitioners to the respondent No.1-Society will amount to termination of the petitioners from the employment of the respondent No.2-School. Counsel for petitioners relied upon various provisions of Delhi School Education Act and Rules, 1973 read with the judgment of the Supreme Court in the case of Management Committee of Montfort Senior Secondary School vs. Shri Vijay Kumar And Ors., (2005) 7 SCC 472 that the employees of a school governed by the Delhi School Education Act, 1973 (hereinafter ,,the Act) including employees of an unaided minority school can only be removed from employment by following the provisions and procedures contained in Delhi School Education Act and Rules, 1973 and more particularly Rules 118 to 120. It is argued that transfer to another school amounts to terminating employment of the petitioner from the school where appointment was made, and since it is being done without following of Delhi School Education Act and Rules, 1973; more particularly Rules 118 to 120; the transfer is illegal.

(3.) IN my opinion, the arguments urged on behalf of the petitioners merit acceptance that an employee who is employed by the school is an employee of the school and not of the society which runs the school.