SAMARTH SHIKSHA SAMITI & ANR. versus BIR BAHADUR SINGH RATHOUR & ORS.

SAMARTH SHIKSHA SAMITI & ANR. versus BIR BAHADUR SINGH RATHOUR & ORS.

Respondent no.1, though posted in the school and required to follow certain rules from the Delhi School Education Rules, remained an employee of the Samiti, governed by its own rules; the Delhi School Education Act, 1973 and its Rules did not directly govern his conditions of service.

Parties
Appellant: Samarth Shiksha Samiti; Appellant: Mahashya Chunni Lal Saraswati Bal Mandir; Respondent: Bir Bahadur Singh Rathour; Respondent: Director of Education, Government of NCT of Delhi
Jurisdiction
India
Judgment Date
03 February 2009
Procedural Posture
Civil Appeal / Judgment on Final Appeal
Outcome
Appeal allowed; writ petition dismissed
Legal Topics
Conditions of Service, Suspension, Applicability of Delhi School Education Act 1973 to Society Employees
Service Law Conditions of Service Suspension Applicability of Delhi School Education Act 1973 to Society Employees

Case Brief

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Parties

Samarth Shiksha Samiti

Appellant

Mahashya Chunni Lal Saraswati Bal Mandir

Appellant

Bir Bahadur Singh Rathour

Respondent

Director of Education, Government of NCT of Delhi

Respondent

Procedural Posture

Civil Appeal / Judgment on Final Appeal

Legal Issues

  1. 1 Whether respondent no.1 was an employee of the Samiti or of the School
  2. 2 Whether respondent's services were governed by the Delhi School Education Act, 1973 and the Rules or by Samiti's rules
  3. 3 Whether conditions of service stood altered on transfer from School to Samiti office

Ratio Decidendi

Respondent no.1, though posted in the school and required to follow certain rules from the Delhi School Education Rules, remained an employee of the Samiti, governed by its own rules; the Delhi School Education Act, 1973 and its Rules did not directly govern his conditions of service.

Court Disposition

Appeal allowed; writ petition dismissed

Orders

  • Judgment and order of Division Bench of the High Court set aside
  • Judgment of the Single Judge restored