MANAGING COMMITTEE Vs. MANJIT KAUR AND ANOTHER

JUDGEMENT

(1.) The plaintiff-respondent was working as a school teacher at Kalaswala Khalsa Higher Secondary School, Qadian, under the management of the appellant. She raised the claim of Rs.25,000/- as salary w.e.f. 1.9.1980 to 28.2.1983 on account of her illegal termination from the service.

(2.) It was a Government aided school and she was posted on a sanctioned post. She has submitted that she worked up to 11.2.1981 and she proceeded on leave from 1.10.1980 to 29.3.1981, during this period her services were terminated on 11.2.1981. This leave was declared as leave without pay and they appointed one Kamlesh Kumari in her place vide order dated 12.3.1982 (Ex.D1). However, she was not allowed to join and ultimately she joined the Government service on 1.2.1983. Thus, she has claimed arrears of pay amount of Rs.19,000/- w.e.f. 1.9.1980 to 28.2.1983, Rs.3,000/- as arrears of pay and allowances w.e.f. 1.9.1980 to 28.2.1983 and Rs.3,000/- as compensation or in the alternative interest @ 12% per annum on the amount due to her.

(3.) The suit was contested by the defendants-appellant wherein they had set up the plea with regard to jurisdiction of the civil court to decide the suit. That apart, it was pleaded that in case of any dispute between the parties, the dispute was to be referred to the arbitrator. The post over which the plaintiff, a B.A. B.Ed. qualified was appointed whereas post was meant for JBT teachers, therefore, later on, they appointed one Kamlesh Kumari on the said post. The defendant No.2 had also allowed the grant any aid to her for the period from 11.2.1981 to 23.1.1982.