DEEP LAL Vs. PRINCIPAL ARMY PUBLIC SCHOOL

JUDGEMENT

(1.) This petition, under Article 227 of the Constitution of India, has been preferred by plaintiff (petitioner herein) against judgment dtd. 13/1/2022 passed by Additional District Judge, Sirmour at Nahan in Civil Miscellaneous Appeal No. 4-N/14 of 2021, titled as The Principal Army Public School, Nahan and another Vs. Deep Lal, whereby interim order dtd. 31/3/2021 passed in favour of petitioner/plaintiff by Senior Civil Judge, Sirmour at Nahan in CMA No. 78/6 of 2021 under Order 39 Rules 1 and 2 of the Code of Civil Procedure in Civil Suit No. 7/1 of 2021, titled as Deep Lal Vs. The Principal Army Public School, Nahan and another, has been set aside and vacated.

(2.) Brief facts of the case are that petitioner/plaintiff had been serving in the Army Public School (APS), Nahan since 16/4/1998 till March, 2019 as PGT Commerce. On 19/1/2021, he submitted his resignation due to his family problem with request to relieve him as per rule position of Red Book Addition dtd. 25/3/2019.

(3.) Petitioner/plaintiff filed an application dtd. 28/1/2021 for withdrawal of his resignation forthwith with prayer to allow him to continue his duties as PGT in Army Public School (APS) as before, stating therein that at the time of submitting his resignation on 19/1/2021 he was under duress, and since submission of his resignation, he was under great stress as he was hailing from a very poor background and it would not be possible for him to sustain himself and his family without employment in the School and, therefore, analyzing the situation, he had realized that resigning from the School, under duress, was not a wise step especially when he has excellent credentials as a PG Teacher (Commerce) in prestigious APS for the last 23 years of his employment.