MANJU TOMAR Vs. NCT

JUDGEMENT

(1.) PRESENT Letters Patent Appeals have been filed challenging the judgment dated 13th July, 2009 whereby appellants-petitioners writ petitions being W. P. (C) 13044-55/2006 were disposed of by directing the Director (Education), New Delhi Municipal Council (in short "ndmc") to pass a fresh speaking order within four weeks stating as to whether "ex-post-facto sanction" in terms of Rule 46 of the Delhi school Education Rules, 1973 (hereinafter referred to as "rules, 1973") can be granted to Delhi Sikh Gurdwara Managing Committee (hereinafter referred to as "respondent-Management") to close down khalsa Boys Primary School at Banglasahib, Akbar Road, New Delhi (hereinafter referred to as the "primary School" ). Till the said decision was taken, respondent-Management was directed to pay pensionary benefits to petitioner nos. 6 to 12 with effect from March, 2006, while petitioner nos. 1 to 5 were held entitled to salary only if they worked in another school of respondent-Management in Municipal Corporation of Delhi (in short "mcd") area.

(2.) BRIEFLY stated the material facts of the present case are that the petitioners are past, present teachers and non-teaching staff of the primary School situated in the NDMC area. By letter dated 25th May, 2005, the respondent-Management conveyed that it "had decided" to shift the said Primary School to Guru Mata Sundari School, which falls within MCD area. The petitioners pointed out that prejudice would be caused to them in shifting of the primary school. However, when the respondent-Management persisted, the petitioners filed Writ Petition (Civil) No. 9951-52/2005 before this Court for setting aside the said shifting decision dated 25th May, 2005. A learned Single Judge of this court vide order dated 30th May, 2005 granted stay restraining the respondent-Management from shifting the Primary School. During pendency of the said petition and continuance of the stay order, part of the building from where the Primary School was functioning, was demolished by the respondent-Management and, therefore, the petitioners filed a Contempt Case No. 551-52/2005.

(3.) BOTH the Writ Petition and the Contempt Petition were decided by a learned Single Judge of this Court on 6 th October, 2005. This court on consideration of facts and the legal provisions applicable, found that though the petitioners, for no fault of theirs, were put in a difficult situation, justice should be done to them after taking note of the ground realities. With regard to the fact whether the Primary school can run from the present location, the Court observed that it was a near impossible situation. In order to ensure that the petitioners get complete relief, the respondent-Management was allowed to seek "ex-post-facto sanction" of closure from the NDMC authorities. As far as Contempt Petition was concerned, benefit of doubt was given to the respondent-Management. The relevant portion of the judgment dated 6th October, 2005 is reproduced hereinbelow :-