CHANDRAMATI D THAKORE Vs. JAYANTILAL D JANI

JUDGEMENT

(1.) The order dated February 14, 1984 passed by the Gujarat Secondary Education Tribunal ('the Tribunal' for short) in Application No. 148 of 1982 is the subject-matter of challenge in these two petitions which are instituted under Art. 227 of the Constitution of India. In Special Civil Application No. 4324 of 1984, the declaration granted by the Tribunal to the effect that the respondent No. 1 therein is entitled to receive the compensation equivalent to 13 months' salary including allowances on the basis of the last pay, is challenged whereas in Special Civil Application No. 4326 of 1984, the declaration granted by the Tribunal to the effect that the respondent No. 1 therein is entitled to receive the compensation equivalent to 16 months' salary including the allowances on the basis of the last pay she was receiving in the School is challenged. Both these petitions arise out of the common order dated February 14, 1984 and, therefore, they are being disposed of by this common judgment.

(2.) In the year 1981-82, there were five classes of Standard VIII to X in D. P. High School, Khadia, Ahmedabad and in all, there were seven teachers including the Principal. Due to insufficiency of number of students, the management was obliged to reduce one class as a result of which, the management was also required to relieve one teacher. The management thereupon approached the District Education Officer, who after hearing the Principal of the School and the respondent No. 1 in Special Civil Application No. 4324 of 1984, passed an order giving permission to relieve the said respondent from service. Pursuant to the permission, service of the said respondent were terminated by the management. Thereupon the respondent No. 1 in Special Civil Application No. 4324 of 1984 moved the Tribunal by way of filing Application No. 148 of 1982 challenging the order of termination.

(3.) In the meantime, while the said application was pending, one more class was required to be reduced in the year 1983-84 and, therefore, again the management approached the District Education Officer for his permission to remove one more teacher. The District Education Officer, after taking into consideration the seniority list of the teachers, the qualifications possessed by them and the subject-wise requirements, accorded approval to terminate the services of the respondent No. 1 in Special Civil Application No. 4326 of 1984. The respondent No. 1 of the said petition thereupon preferred Application No. 186 of 1983 before the Tribunal challenging the order of termination for her services passed by the management consequent upon approval granted by the District Education Officer. As both the applications were directed against the same management and common evidence was required to be recorded, the Tribunal disposed of both the applications by a common judgment and order dated September 30, 1983. After taking into consideration the relevant factors, the Tribunal came to the conclusion that the termination of services of both the employees was just and proper and that there was no breach of provisions of Sec. 36 of the Gujarat Secondary Education Act, 1972 ('the Act' for short). In that view of the conclusion, the Tribunal dismissed both the applications.