08.10.2024
Delhi
High Court (DB)
Section
8 (2) of the Delhi School Education Act, 1973 – Whether law declared by Supreme
Court in Raj Kumar Vs. Director of Education & Anr. [(2016) 6 SCC 541] will
have retrospective effect? – Held, yes – Dismissal Order dated 06.06.2013,
passed by a private unaided school, without seeking prior approval from DOE, is
illegal and the employee is entitled to full back wages and all retiral dues
Directive
paragraphs of the Order dated 08.10.2024, passed by Delhi High Court (DB) in
LPA No. 627/2018 reads as under: -
“22.
The submission of Mr. Aggarwal that the order dated 6 June 2013 dismissing the
appellant from service is liable to be set aside for having been passed without
obtaining prior approval of the DOE, as required by Section 8(2) of the DSE Act
and Rule 120(2) of the DSE Rules has, therefore, necessarily to succeed.
23.
For the aforesaid reasons, the dismissal of the petitioner from the services of
the respondent school on 6 June 2013 is quashed and set aside. As we are
informed that the petitioner has superannuated in 2016, she is entitled to back
wages for the period during which she was unable to serve the school on account
of her dismissal order and also to whatever retiral benefits she would have
been entitled had she retired as a serving teacher of the school.
24.
The
appeal is allowed accordingly.”
[Asha
Rani Gupta Vs. Ravindra Memorial Public School & Anr., LPA No. 627/2018,
decided on – 08.10.2024, Delhi High Court (DB)]
https://advocateanujaggarwal.com/home.php
Anuj Aggarwal
Advocate
D-26/A, First Floor, Jangpura Extension,
New Delhi - 110014
483, Block-2, Lawyers Chambers,
Delhi High Court, New Delhi-110003
Mobile – 9891403206
Landline – 011 - 35554905
Email – anujaggarwal1984@gmail.com
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