GURU HARKRISHAN PUBLIC SCHOOL Vs. DIRECTORATE OF EDUCATION

JUDGEMENT

(1.) AS detailed hereinafter, a very difficult position has arisen in the facts of the present case because of two different judgments passed by two different learned Single Judges of this Court on the interpretation of Rule 121 of the Delhi School Education Rules, 1973 (hereinafter referred to as 'the Rules,1973').

(2.) BY the writ petition filed under Articles 226 and 227 of the Constitution of India the petitioner/School had challenged the judgment of the Delhi School Tribunal which had allowed the appeal filed by the employee/respondent no.2 and directed reinstatement as also payment of certain back wages. During the hearing of the writ petition, the School did not press the aspect with respect to reinstatement of the employee in terms of the judgment of the Tribunal, with liberty given to the School to hold departmental proceedings in accordance with law, but the petitioner/School contested the issue with respect to powers of the Delhi School Tribunal to pass monetary reliefs to an employee because as per the petitioner/School as per Rule 121 of the Rules, 1973 only a managing committee of a school can do so. Rule 121 of the Rules, 1973 provides that in case an employee who is dismissed or removed from service or compulsorily retired, is reinstated, it is the managing committee of the school which will pass orders with respect to the period during which the employee was absent from duty on account of the illegal termination of services of an employee by the school.

(3.) ON 6.8.2013, this Court passed an order referring the issue of interpretation of Rule 121 of the Rules,1973 to a larger Bench in view of the fact that there were two different judgments on the interpretation of Rule 121 of the Rules,1973, one of the learned Single Judge of this Court and another of a Division Bench of this Court. The judgment of the learned Single Judge of this Court was the judgment in the case of The Manager, Arya Samaj, Girls Higher Secondary School and Anr. Vs. Sunrita Thakur Etc., 1991 43 DLT 139 and the judgment of the Division Bench of this Court was in the case of M/s Apeejay School Vs. P.O. Delhi School Tribunal and Anr. in LPA No.493/2002 decided on 16.12.2002. Whereas the learned Single Judge in the case of The Manager, Arya Samaj, Girls Higher Secondary School and Anr. held that the Tribunal has no power because of Rule 121 of the Rules,1973 to pass any order with respect to monetary benefits to be paid to a reinstated employee, the Division Bench of this Court had very cursorily observed that the Tribunal also has powers to pass orders with respect to monetary benefits to be paid to a reinstated employee.