DHANROOP CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties. This appeal is directed against the order dated 2. 4. 1998 passed by the learned single Judge of this Court. The writ petition was filed by the Management Committee of Hanwant School, Jodhpur questioning the correctness of the order (Annex. 5) dated 20. 4. 1995 passed by Rajasthan Non-Government Educational Institutions Tribunal, Jaipur (for short `the Tribunal' ). It was prayed that the order (Annex. 5) dated 20. 4. 1995 may kindly be quashed and it may be declared that the Standing Order No. 5/78 does not have any force of law and could not be enforced in any Court of law.

(2.) THE main contention of the Management Committee was that the non-petitioner-appellant was appointed as Head Master in the School vide order (Annex. 1) dated 9. 9. 1991 on probation for a period of one year and since the services of non-petitioner-appellant were not found to be satisfactory, his services were terminated vide order (Annex. 2) dated 29. 6. 1992. Against the order (Annex. 2) dated 20. 6. 1992, the non-petitioner-appellant filed an appeal before the Director, Primary and Secondary Education. According to the Management Committee, the Rajasthan Non-Government Educational Institutions Act, 1989 came into force with effect from 1. 1. 1993 and, therefore, the appeal filed by non-petitioner-appellant came to be transferred to the Tribunal.

(3.) WE have perused the order (Annex. 2) dated 29. 6. 1992 whereby services of the non-petitioner-appellant were terminated by the Management Committee after giving him two months advance salary in lieu of two months notice in terms of clause (8) of the Agreement (Annex. 6) dated 21. 3. 1991. Alongwith this order Annex. 2, a cheque of Rs. 8294/-was also enclosed and even salary for the month of June was also enclosed. Thus, it is clear that it was termination simplicitor.