ST. THOMAS SCHOOL V MANISH KAUSHIK Vs. STATE

JUDGEMENT

(1.) By this writ petition under Art. 226 & Art. 227 of the Constitution of India, the petitioner impugns the judgment of the Delhi School Tribunal (DST) dated 10.12.2015 by which the DST has allowed the appeal filed under Sec. 8(3) of the Delhi School Education Act, 1973 and has directed reinstatement of the respondent no. 1 in this writ petition to the services with the petitioner/school. Respondent no. 1 in this writ petition was the appellant before the DST.

(2.) The facts of the case are that admittedly the respondent no. 1 was appointed by the petitioner/school in terms of the letter dated 4.4.2011. This letter of appointment of the respondent no. 1 reads as under:- "ST. THOMAS SCHOOL GOYALA VIHAR, NEAR SECTOR-19, DWARKA NEW DELHI-110071 Ref: No. STTHMS/18/2011 DATED 04 APRIL 2011 To, Sh MANISH KAUSHIK S/o Sh SUGREEV KAUSHIK VDP, DHANSA NEW DELHI -110073 SUB :- APPOINTMENT LETTER Madam/Sir, This is with reference to your interview for the post of PET in this school, I am pleased to inform you that you have been selected for the post in the pay scale of Rs. 12540 + 4660. The appointment will be governed by DSER and rules 1973 framed there under. Further, you are informed that your appointment will be on probation period for one year and thereafter on being satisfied, the Managing Committee will review your work for regularization of your service. You are required to join by 04-4-2011 (forenoon) along with your acceptance in writing. ST. THOMAS SCHOOL S/d MANAGER S/d (M. kaushik) ST. THOMAS SCHOOL DIVYA GAUTAM GOYLA VIHAR, NEAR SEC -19 DWARKA, NEW DELHI-71" (emphasis added)

(3.) A reading of the aforesaid letter shows that respondent no. 1 was appointed on probation for one year and only on the petitioner/school being satisfied would the respondent no. 1 be granted regularization.