Held that writ petition for reinstatement and set aside of termination without notice fails. Court observed approach of Tribunal does not call for interference. Writ petition devoid of merits and dismissed where applicant already filed suit.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition NO. 4604/2000
Smt. Sudha Singh wife of Shri Mahavir Singh, resident of 63B/691, Behind Deshraj Ji School, New Janta Colony, Agra (Since Deceased) through Her Legal Heirs -
----Petitioners
----Respondents
| For Petitioner(s) | : None |
|---|---|
| For Respondent(s) | : Mr. M.M.Ranjan, Sr. Adv. with Mr. Lokesh Tiwari |
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Judgment / Order
05/02/2019
Nobody has been appearing in this case since long.
The writ petition is pending since 2000.
The petitioner by way of this writ petition has prayed as under:
“It is, therefore, humbly and respectfully prayed
that this Hon’ble Court may be pleased to accept and
[CW-4604/2000]
(2 of 3)
allow this writ petition of your humble petitioner and the impugned judgment of the learned Tribunal and the termination order so passed by the respondents be quashed and set aside and the petitioner may kindly be ordered to be reinstated/ taken back in service with all consequential benefits.
Any other relief which this Hon’ble Court may deem just and proper in the facts and circumstances of the case may also kindly be granted to your humble petitioner.”
Brief facts which need to be noted are that the petitioner was appointed by Birla Education Trust, Pliani as a General Teacher in Biology in Birla B.M.P.H.S.School, Pilani on 3.8.1966. He was confirmed on the post after serving one year of probation period. His services were terminated on 26.4.1976. The petitioner has alleged against the Director of acting arbitrarily and having wrongfully passed an order of termination. The petitioner has challenged the order of termination on the ground that no notice of termination was given to the petitioner. Earlier, the petitioner had preferred a civil suit challenging his termination which was rejected and appeal thereto was also dismissed. Whereafter, he filed appeal before the Non-Governmental Education Institution Tribunal and the Tribunal vide its order dated 21.7.2000 rejected his appeal only that ground aid was not being given to the institute where the petitioner was working and therefore Rules for Payment Of Grant-in-Aid to Non-Government Educational, Cultural & Physical Education Institutions, 1963 and the subsequent Non
[CW-4604/2000]
(3 of 3)
Government Education Institutions Act and Rules herein would not
have an application.
In my considered view, the approach adopted by the Tribunal does not call for any interference. The petitioner was not working in aided institution. Even the Grant in Aid Rules 1963 did not govern the said Birla Schools.
The writ petition would not lie for claim after even filed a civil
suit filed by the petitioner.
The writ petition is devoid of merits and is accordingly dismissed.
(SANJEEV PRAKASH SHARMA),J
Anu/90q2
2 issues framed by the court
Whether a writ petition lies for reinstatement when the employee has already been denied relief in civil suit and appeal and the Tribunal rejected the claim for reason of non-governance by aided insti
Whether the Tribunal chose non-aided institution rules to which it held the school subject has any approbation requiring interference by this Court.
Smt. Sudha Singh
Shri Mahavir Singh
The Birla Education Trust, Pilani
The Managing Committee, Smt. Janki Devi Mandeliya Home Science Sansthan
The State of Rajasthan
The Dy. Director, Mahila Education, Jaipur
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
