GEETA SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was appointed as Teacher Gr. III on ad hoc basis in the Army School Jaipur Cant. , Jaipur on 1. 11. 95 in the pay scale of Rs. 1400-2600 and DA as admissible, vide order dated 1. 11. 1995 (ann. 1 ). It was mentioned in the annexure-1 that her service conditions shall be governed by the terms and conditions as laid down in the Army Welfare Education Society Rules and Regulations of Army School. THE school is affiliated to the Central Board of Secondary Education New Delhi.

(2.) AS per written statement filed by respondent the school has been established by the Army Welfare Education Society (herein after to be called as `awes') keeping in mind the needs of the defence personnel and the nature of their services. It was realised at the higher levels that occupational constraints result in disruption and of then neglected education of children of defence personnel, hence Army School were borne to provide sound educational facilities to them. It is stated that there are 108 branches of Army School through out the country and inter school transfer facilities are provided to students. Army School Jaipur Cant. is one of the links in this chain. Army Schools are non commercial welfare institutions and are extending the same facilities to the children of civilians also.

(3.) THE petitioner had given birth to a body girl on 15. 6. 99, i. e. during the vacation. She proceeded on maternity leave w. e. f. 1. 7. 99. Only because of the reason that she had proceeded on maternity leave, the respondents terminated the service of petitioner w. e. f. 5. 7. 99 vide letter dated 10. 8. 99 (ann. 8 ). She represented that she had applied for the maternity leave on 26. 6. 98 w. e. f. 5. 7. 99, well in advance. It is stated even though the petitioner was temporary, but in any case, her serving could not be terminated because of the reason that she had applied for the maternity leave. Her representation was rejected vide order dated 7. 9. 99 (ann. 10) by Lt. Col. , Secretary of Army School, Jaipur on behalf of the Chairman.