Tinu Public School & Anr vs Taramani Sharma & Anr
2013 Latest Caselaw 1531 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+      LPA 127/2013

       TINU PUBLIC SCHOOL & ANR            ..... Appellant
            Through: Mr. Virender Goswami, Ms. Soni

                                       Singh, Advs.

                         versus

       TARAMANI SHARMA & ANR.                            ..... Respondents

                   Through:       Ms. Navratan Chaudhary, Adv. for R-2

       CORAM:

       HON'BLE THE CHIEF JUSTICE

       HON'BLE MR. JUSTICE V.K. JAIN

                            ORDER

% 04.04.2013

CM No.3771/2013(stay) & CM No.5327/2013(by respondent No.1 for modification of the order dated 4.3.2013)

The appellant No.2 Siwas Education Society is running a school by the name `Tinu Public School‟. The respondent No.1 has been working as a teacher in the aforesaid school. Alleging that the appellants were subjecting the teachers to various acts of oppression and mismanagement, such as, not giving salary and other allowances at par with employees of other schools, not extending benefits of leave, medical facilities, Provident Fund etc., misappropriating major part of the salary, obtaining undated resignation letters from them under duress at the time of appointment itself and making the teachers forgo their salary during summer

vacations, WP(C) No.568/2013 was filed by respondent No.1 seeking the following reliefs:-

(a) Issue a writ certiorari, calling for the records of the school pertaining to the petitioner, her terms and conditions of appointment, payment of salary, allowances and other dues, leave & service records etc.

(b) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction to the Respondent Nos. 2 & 3 to declare the petitioner as „regular employee‟ of the school i.e. Trained Graduate Teacher w.e.f. 17.04.2008 and to grant her all consequential benefits under the Rules including medical facilities, pension, gratuity, Provident Fund and other prescribed benefits as per Delhi School Education Act & Rules, 1973

(c) Issue a writ in the nature of mandamus of any other writ, order or direction to the Respondents Nos. 2 & 3 to fix the pay of the petitioner with effect 17.04.2007 ( i.e. from her date of joining) in terms of Section 10 of the Delhi School Education Act, 1973 and Rule 107 of the DSE Rules in accordance with the Sixth Pay commission scales of pay and allowances, corresponding to that of employees of school run by the appropriate authority under the Act

(d) On granting prayer (c) above, to direct the respondents Nos. 2 & 3 to grant to the petitioner annual increments and other benefits as is admissible to her under the prescribed rules.

(e) Issue a writ in the nature of mandamus or any other writ, order direction to the respondent Nos. 2 & 3 directing them to pay to the petitioner from the date of her appointment, the arrears of salary being the difference between her pay in the admissible scale as per the Rules and actual amounts disbursed by the said Respondents towards the petitioners‟ salary.

(f) Issue a writ in the nature of mandamus or any other writ, order direction to the respondent Nos. 2 & 3 directing them to pay to the petitioner from the 17th February, 2009, the arrears of salary being the difference between the amounts withdrawn every month from the bank account of the petitioner and the amounts paid to her as her salary.

(g) Issue a writ in the nature of mandamus or any other writ, order or direction to the respondent Nos. 1 & 2 to henceforward, pay salary to the petitioner through cross non-negotiable cheque to be handed over to the petitioner personally.

(h) Issue a writ in the nature of mandamus or any other writ, or order directing the respondent Nos. 1 & 2 restraining them from acting upon the undated resignation letter obtained from the petitioner.

(i) Issue a writ in the nature of mandamus or any other writ, order or direction to the respondent Nos. 1 & 2 restraining the said respondents from removing the petitioner from her services without following the due process of law.

(j) Issue a writ in the nature of mandamus or any other writ, order or direction to the respondents No.1 to carry out proper inspection and take appropriate action against the Respondents No.2 & 3 under the Delhi School Education Act & rules, 1973 on account of the mismanagement, maladministration and financial irregularities."

The learned Single Judge, vide impugned order dated 1 st February, 2013,

passed without notice to the appellants, issued the following interim directions:-

"(i) Respondent no.3-school is directed to maintain status quo with regard to service of the petitioner ie not terminate her services.

(ii) The salary cheques which would be paid to the petitioner would be paid to her by means of account payee cheques, and these cheques need not be credited by the petitioner in the account of Syndicate Bank, Ambedkar Nagar Branch, New Delhi. If the petitioner deposits the cheques in the account maintained in Syndicate Bank, Ambedkar Nagar Branch, New Delhi, in that event, any withdrawal made by the petitioner by means of a self cheque will bear counter signatures of the Manager or Deputy Manager of the said Branch and who will ensure that moneys withdrawn are paid directly in the hand of the petitioner.

(iii) The Manager of the Syndicate Bank, Ambedkar Nagar Branch, New Delhi is directed to maintain and ensure that the entire bank records as regards all teachers and employees of Tinu Public School are not in any manner tampered with or destroyed and that they are available for the inspection of the aforesaid committee and also to this court as per orders to be passed.

(iv) The Manager of the Bank will ensure that the payment of salaries (and withdrawal thereof) of all teachers and employees of the school will bear the same procedure as directed by today?s order as regards the present petitioner.

5. The two member committee who is appointed by this order will inter alia look into the following aspects and file a report in this court within a period of six weeks from today:-

(i) To look into the averments made in the writ petition not only for the petitioner but also for other teachers and employees of the school.

(ii) Inspect the record maintained by the respondent no.3 school, and also the record of the respondent no.3 school with the respondent no.1, in order to determine whether the respondent no.3 school is causing any infraction of Delhi School Education Act, 1973, the Rules framed thereunder and the relevant circulars and office orders issued from time to time in this regard by the respondent no.1.

(iii) No obstruction will be caused by any person; including any of the persons employed by respondent no.3-school or its managing committee members or any members of the respondent no.2 society; in the job to be performed by the members of the committee, including with respect to inspection of the records as also inspection of the school premises on the committee members so desiring, in the compliance of this order.

(iv) The Director of Education will ensure that all the materials in its power and possession with respect to respondent no.3-school are placed before the committee members and all assistance as required would be given to the committee members so that they are able to ensure compliance of their duties in terms of the present order within the time schedule provided herein.

(v) The committee will give its report in a sealed cover to the Director of Education, Secretary of the Ministry of Education, Govt. of NCT of Delhi and to this Court. The Director of Education is also requested to ensure that his nominee is present in court during the hearings of the present case unless the presence of the said person is exempted for the hearings as per orders to be passed.

6. The SHO of the concerned area, where the school is situated or where the bank account of the school exists in the Syndicate Bank (Ambedkar Nagar Branch, New Delhi), shall depute all necessary personnel as directed by the members of the committee for assistance of the committee members

so that the committee can effectively discharge their duties in terms of the

present order."

Being aggrieved from the aforesaid order, the appellants are before us by way of LPA No.127/2013. Vide interim order dated 4 th March, 2013, we stayed the effect and operation of the impugned order dated 1 st February, 2013. CM No.5327/2013 has been filed by respondent No.1 in the appeal seeking modification of the said order. We, however, have heard the learned counsel for the applicant/respondent No.1 as also the learned counsel for respondent No.2, both of whom agree that instead of deciding CM No.5327/2013 alone, the appeal itself may be decided.

In our opinion, the learned Single Judge was not justified in giving the interim directions contained in the order dated 1.2.2013, without any notice to the appellants particularly when the said directions prohibit the appellants absolutely from terminating the services of respondent No.1 on any ground whatsoever, the Bank Manager has been directed to ensure that the payment of salaries and withdrawal thereof not only to the respondent No.1 but to all teachers and employees of the school shall bear the same procedure as was directed by the learned Single Judge in respect of respondent No.1, and a two-Member Committee was appointed to look into the averments made in the writ petition not only to the extent they relate to respondent No.1 but also in respect of all other teaches and employees of the school despite the fact that the other teachers and employees of the school have not approached the learned Single Judge for any such relief and the Director of Education

has been instructed to place the entire material available with it in respect of the appellants before the Committee appointed by the learned Single Judge. We, therefore, set aside the impugned order dated 1 st February, 2013. We, however, make it clear that after hearing the learned counsels for all the parties, the learned Single Judge shall be entitled to pass such order as he deem appropriate in the writ petition as also in the accompanying CM No.1092/2013.

The appeal stands disposed of accordingly.

                                                           CHIEF JUSTICE




                                                           V.K. JAIN, J

APRIL          04, 2013/ks