INDIRA THAKUR Vs. HARPRIT EDUCATION SOCIETY

JUDGEMENT

(1.) The petitioners were teachers under the employment of respondent No. 1, which is a private school and they were employed on different dates given in para 3 of the writ petition. Their appointment letters have been placed on record as Annexures P/2 and P/3. It is said in the petition that the work and conduct of the petitioners have been throughout excellent and stood appreciated by the respondents. The petitioners have placed on record Annexures P/4 to P/6 in this respect. The admitted position as put forth by the petitioners in para 4 of the petition is that they were being paid consolidated salary. The petitioners were constantly representing to the management for the enhancement of their salaries and that they should be paid adequately and the management ultimately agreed to enhance the salary of the staff to the extent of Rs. 300 per month w. e. f. August 1995. Strangely, nothing in writing was given to the petitioners in respect of the enhancement in their salaries.

(2.) It is stated that the school closed down for winter vacation on 11th December, 1995 and the petitioners were surprised when they received communication dated 9th December, 1995 addressed to them by the principal where by their services were ordered to be terminated as not being required any longer Three months salary by way of cheque was sent alongwith letters in lieu of the notice period given in the appointment letters. These termination orders have been impugned and are placed as Annexures P/7 to P/12. It is said that the services of the petitioners have been terminated without assigning any reasons and was most arbitrary and no opportunity whatsoever was afforded to them before terminating their services This violates the principles of natural justice, as said in the petition. The petition further reads that the action taken by the respondents was wholly mala fide and the respondents were discharging public duties in the field of education and were expected to behave in a reasonable and responsible manner. The petitioners were said to be highly educated and efficient who have been placed on the road in total violation of Article 14 of the Constitution of India.

(3.) In reply from the side of the respondents, it is said that respondent No. 1 is a registered Society under the Societies Registration Act and is running the said school which is purely private and no aid is being received by it from the Government or any other authority. A preliminary objection is raised that the respondents are not a State or an authority as contemplated by Article 12 of the Constitution of India and this writ petition is not maintainable against the respondents. Respondents have further pleaded that the services of the petitioners stood terminated with immediate effect in December 1995 and salary for three months in lieu of notice in terms of the contract of employment was paid to them which has been received by the petitioners No. 4, 5 and 6, They have even encashed these cheques which were given to them alongwith notices and thus they could not be permitted to challenge the action by way of this petition. It is also said that no relief can be granted to the petitioners as it was contractual obligation and no reinstatement can be made. At best, the petitioners can resort to the remedy of civil suit for wrongful termination of their services and may claim damages in this respect. The school, according to the respondents, was established to impart a high degree education to the weaker sections of the society and was started initially in a rented premises with Nursery classes without any financial assistance from any quarter. It was only because of the efforts of Mrs, Pritpal Singh who nursed and developed this institution Due to ill -health of the Principal, another person Ms. Chanderkanta Chadha was selected, who took over the charge in March 1995. During her period the school considerably improved its reputation, Ms. Indira Thakur and Ms. Prem Rathore, petitioners No 1 and 2 alongwith other teachers started instigating the colleagues and the members of the staff in order settle their score with the management. They started political activities in the school and the innocent students were made scapegoats. The petitioners were constantly raising demands for the enhancement of their salary. In the year 1995, the salary of the staff as well as administrative staff was raised and the session started smoothly under the new Principal.