NIRAJ KUMAR TRIPATHI Vs. SCHOOL MANAGEMENT COMMITTEE

JUDGEMENT

(1.) Air Force School Bamrauli, Allahabad made an advertisement inviting applications from the candidates for 'Walk in Interview' on 19th September, 2000 for the post of P.G.T. Math (English Medium) C.B.S.E. Syllabus, requisite qualification M.Sc. (Math) with B.Ed. on 10th September. 2000 in English News "Sunday Times of India". Lucknow. In pursuance of the above advertisement, petitioner was interviewed and an appointment order was issued by the Wing Commander, Officer Incharge, Air Force School, Bamrauli, Allahabad on 22nd September, 2000. In this appointment letter, it was clearly mentioned that petitioner was selected for the post of P.G.T. (Math) on ad hoc basis in Air Force School, Bamrauli, Allahabad w.e.f. 20th September, 2000 in the scale of Rs. 4,000 basic plus 20% D.A. per month. The appointment order attached the terms and conditions of the appointment which were to be signed by the petitioner duly witnessed for acceptance. A form of agreement was also attached to the terms and conditions in which it was provided that any dispute arising out of or relating to this appointment including any disciplinary action leading to any dismissal or removal from service or reduction in rank, etc. shall be referred for arbitration of the Chairman, School Management Committee. The decision of the Chairman, School Management Committee shall be binding on both the parties. This agreement was signed by the petitioner on 22nd September, 2000.

(2.) The petitioner was appointed on ad hoc basis. This appointment on ad hoc basis was continued till the end of academic session, i.e., 31.3.2001. By letter dated 29th March, 2001, the services of the petitioner were terminated w.e.f. 31st March, 2001. The petitioner was again given fresh appointment on ad hoc basis w.e.f. 9th April, 2001 to 5th May, 2001.

(3.) This writ petition was presented on 30th April, 2001 with the prayer to quash the orders dated 29.3.2001 and 9.4.2001 to the extent it provides the termination of service of the petitioner w.e.f. 31st March, 2001 earlier and then further w.e.f. 5th May, 2001. The petitioner has also sought a writ of mandamus directing the respondents not to interfere in working of petitioner as P.G.T. teacher in the institution Air Force School, Bamrauli, Allahabad ; and further directing the respondents to further pay salary to the petitioner along with other benefits as and when due. The petitioner also sought a mandamus directing the respondents not to treat the petitioner ad hoc appointee and respondents be restrained from going for further selection for substituting another appointee against the petitioner.