GURU HARKRISHAN PUBLIC SCHOOL Vs. DIRECTORATE OF EDUCATION

JUDGEMENT

(1.) Present petition has been filed under Articles 226 and 227 of the Constitution of India, 1950 assailing the order dtd. 29/7/2015 passed by the learned Delhi School Tribunal (hereinafter referred to as 'DST') whereby the appeal bearing Appeal No.31/2013 filed by the respondent no.2/Sh. Babu Lal was allowed, and the office order dtd. 17/6/2009 vide which the promotion of respondent no.2 to the post of Office Superintendent was cancelled and acceptance of the resignation of respondent no.2 by the Sub-Committee of the petitioner school dtd. 26/8/2010, was set aside and the respondent no.2 was reinstated with immediate effect alongwith consequential benefits. Further, the petitioner school was directed to decide and pass a speaking order on the representation of respondent no.2 regarding back wages.

(2.) Briefly, the facts stated in the petition are as under:-

(3.) Mr. S. S. Ahluwalia, learned senior counsel appearing for the petitioner school submitted that the impugned order dtd. 29/7/2015 passed by the learned DST is unsustainable, both on facts as also on law and ought to be set aside.