Delhi High Court
Ram Sanjivan & Ors. vs Delhi Police Public School & Ors. on 17 December, 2015
Author: Sunil Gaur
R-3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: December 17, 2015
+ W.P.(C) 3397/2001
RAM SANJIVAN & ORS. ..... Petitioners
Through: Mr. Y.S. Chauhan, Advocate
versus
DELHI POLICE PUBLIC SCHOOL & ORS. ..... Respondents
Through: Ms. Nikhita Kher, Ms. Nidhi
Raman & Mr. Khan, Advocates for
respondents No.3 & 4
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
% (ORAL)
This writ petition is filed by two petitioners, who claim that they
were employed as Helper and Mali by the respondent- School on 2nd
November, 1996 and 14th June, 1995 respectively. Petitioners claim to be
in regular employment of respondent-School since then and seek
regularization of their services. Although, order of 2nd May, 2001
(Annexure P-3) passed by the respondent-School is on record but there is
no specific challenge to it. However, a direction is sought to respondents
to not to terminate the services of petitioners. Whereas, vide order of 2nd
May, 2001 (Annexure P-3), the service of petitioner -Ram Sanjivan was
dispensed with on 1st May, 2001 with immediate effect and the post of
Helper stood abolished by the Managing Committee of respondent-
School. While entertaining this writ petition, it was noticed that service
of first petitioner stood terminated and it was directed that the said
termination would be subject to decision of this writ petition.
In respect of respondent No.2, it was directed vide interim order of
23rd August, 2001 that service of petitioner No.2 shall not be disturbed
without the leave of the Court.
At the final hearing of this petition, Court Notice was sent to
counsel for respondents No.1 & 2, who was duly served but none appears
on their behalf.
At the hearing, learned counsel for petitioners submitted that
petitioners had been working against permanent posts and have
uninterruptedly worked up to eight years and so, in view of decision of a
Constitution Bench of Apex Court in Secretary, State of Karnataka &
ors. Vs. Uma Devi & ors. AIR 2006 SC 1806 and decision of a Division
Bench of this Court of 7th July, 2006 in L.P.A. 535/2001 Smt. Darshan &
ors. Vs. Delhi Police Public School & ors., service of petitioners deserve
to be regularized and once it is so done, then even if post of Helper is
abolished in the year 2001, then the case of first petitioner ought to be
considered for absorption.
During the course of hearing, learned counsel for petitioners had
apprised this Court that although rejoinder to the counter filed by first and
second respondent is on record but he does not have copy of counter filed
by respondents No.1 & 2. Even from the record, it is not evident as to
whether counter affidavit was ever filed by respondents No.1 & 2. In such
peculiar situation, it is deemed appropriate to direct first respondent to
treat this writ petition as a Representation and to decide it within a period
of twelve weeks in the light of decisions in Secretary, State of Karnataka
& ors. Vs. Uma Devi & ors. and Smt. Darshan & ors. Vs. Delhi Police
Public School & ors., (Supra) by passing a speaking order and the fate of
the Representation be communicated to petitioners within a week
thereafter, so that they may avail of the remedies available to them, if
need be. It is made clear that in case first petitioner is found eligible for
regularization of services, then his case for absorption be also considered
by the first respondent-School.
With aforesaid directions, this petition is disposed of while leaving
the parties to bear their own costs.
(SUNIL GAUR)
JUDGE
DECEMBER 17, 2015
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