05 February 2019 – Delhi School Tribunal – Simmi Khatpal Vs. Hanuman Mandir Public School - Unrecognized schools in Delhi are bound by the provisions of the Delhi School Education Act, 1973 - Termination of service held illegal and directed reinstatement in service

Simmi Khathpal, Assistant Teacher, was terminated from service by Hanuman Mandir Public School. The termination of service was not in accordance with the provisions of the Delhi School Education Act, 1973.

Anuj Aggarwal, Advocate, appearing for Ms. Simmi Khatpal, submitted that even unrecognized schools in Delhi are bound by the provisions of the Delhi School Education Act, 1973 and termination of service in violation of the provisions of the Delhi School Education Act, 1973 is illegal. It was also submitted on behalf of Ms. Simmi Khatpal that after working for 3 years, an employee is deemed to be a confirmed/permanent employee.

Shri V.K. Maheshwari, Presiding Officer, Delhi School Tribunal, Delhi, accepted the submissions made on behalf of Ms. Simmi Khatpal and declared the termination of her service as illegal. The Hon’ble Tribunal directed the school to reinstate Ms. Simmi Khatpal in service and also declared that Ms. Simmi Khatpal was a deemed confirmed employee.

http://advocateanujaggarwal.com/admin/img/Finalist/2019021715504219802019%20DST%20-%20Simmi%20Khatpal.pdf