PREM LATA DATTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner prays that notice dated 28.2.1980 issued by the Principal of respondent No.4 school notifying that services of the petitioner shall stand terminated w.e.f. 30.4.1980 be quashed. Letter dated 7.4.1980 issued by respondent No.5 terminating the services of the petitioner be quashed. Respondents No.4 and 5 be directed to reinstate the petitioner in service as Assistant Teacher in the school w.e.f. 7.4.1980 with all consequential benefits of pay and allowances, promotions, seniority and continuity of service.

(2.) Respondent No.4 is Meera Model School, established by respondent No.5 Oberoi Education Society (Regd.). Petitioner was employed as an Assistant Teacher under respondent No.4 school w.e.f. 5.1.1970 as claimed by her. School claims that she was employed as an Assistant Teacher w.e.f. 1.5.1972. Said disputed fact, however, is irrelevant for the purpose of determination of the present writ petition.

(3.) The school was an unrecognised school and, therefore, provisions of Delhi School Education Act,1973, Delhi School Education Rules,1973 and the directives issued by the Director of Education from time to time were not applicable to the school. Formal appointment letter was issued to the petitioner on 7.2.1976 appointing her as Assistant Teacher w.e.f. 1.5.1972, however, for the purpose of seniority, it was stated that same would be reckoned effective from 5.1.1970. Petitioner was intimated under the cover of said letter that her salary would be Rs.210/- with yearly increment of Rs.10/-.