RAJINDER GILL Vs. DEV SAMAJ, REGISTERED SOCIETY

JUDGEMENT

(1.) Appellant-plaintiff has preferred this Regular Second Appeal against the judgment and decree dated 03.10.2000 passed by the Civil Judge (Junior Division), Chandigarh, dismissing the suit of the appellant for declaration, mandatory injunction and recovery of Rs.5,19,266/- as arrears of salary and allowances and Rs.2,64,619/- as interest with future interest, appeal against which preferred by her has also been dismissed by the District Judge, Chandigarh, on 20.12.2005, which has also been challenged.

(2.) Briefly the facts which would be relevant for highlighting the controversy involved in the present appeal are that the appellant joined as Lecturer in Dev Samaj College of Education, Ferozepur, under the Dev Samaj, registered society-respondent No.1 in the year 1968. A new college of education in Chandigarh was opened in the year 1981 by respondent No.1, for which the post of Principal was advertised. Appellant applied for the same and was appointed as Principal of the said college i.e. Dev Samaj College of Education, Chandigarh, on permanent basis. Benefit of the previous service rendered by her in Dev Samaj College of Education, Ferozepur, was granted to her, which finds mention in the appointment letter. She joined the college of education as Principal and since the college was affiliated to Panjab University and was also receiving 99% grant from the Government, her case was sent for approval of the Panjab University, which was granted and the communication was sent on 09.02.1982. In the light of the above, it was asserted by the appellant that the services of the teachers and principals of the colleges are governed by the provisions of The Punjab Affiliated Colleges (Security of Service of Teachers) Act, 1974 (hereinafter referred to as '1974 Act') and regulations contained in Chapter VIII (E) of the Panjab University Calendar Volume I regarding conditions of service and conduct of teachers in non-Government affiliated colleges. Apart from these, respondent No.1 has framed its own rules and regulations for management of the Dev Samaj Education Institutions. According to these rules and regulations, the competent authority pertaining to the Principal is the Dev Samaj Council and the powers for transfer from one institution to another as well as for removal is also conferred in it.

(3.) Appellant pleaded that during interview for the post of Principal, she was informed/called upon to submit two blank papers duly signed by her, which were to remain in possession of the Chairman of the Managing Committee, Dev Samaj College of Education-respondent No.2, as a condition precedent, failing which she would not be appointed to the said post. In these circumstances, she was forced to hand over two blank papers, on which her signatures were appended and it is thereafter that she was issued the appointment letter. She is a strong believer in Sikhism but the Chairman of the Managing Committee of the College and his father-in-law Shri Iqbal Singh, who was also a member of the Managing Committee, started persuading her to adopt Dev Samaj way of life. Appellant refused to do so, on which it was openly declared by sister-in-law of the Chairman that the appellant would be maligned and expelled from the institute. Under great pressure, appellant handed over undated letter of resignation to Shri Nirmal Singh, Chairman of the Managing Committee in the month of April 1983, wherein the grounds of resignation mentioned was that she was not keeping good health and further requested for reversion from the post of Principal to the post of Lecturer. Chairman of the Managing Committee accepted the resignation of the appellant vide letter dated 23.04.1983. Soon thereafter, charge of the post of Principal was taken from the appellant but still she was apprehensive that the blank papers may be misused, therefore, she wrote a letter to the Chairman of the Managing Committee-respondent No.2 requesting return of the blank signed papers which are stated to have been prepared by the Chairman himself as it was sought to be projected as if the resignation submitted by the appellant was voluntary and the same was dated 26.04.1983. Signed blank papers were received by the appellant vide letter dated 10.05.1983 from the Chairman of the Managing Committee-respondent No.2.