Monday, October 14, 2024

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

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/advocateadmin/img/Finalist/2024101417289232932024%20Del%20DB%20-%20ASHA%20RANI%20GUPTA.pdf

 

 

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

 

 

No comments:

Post a Comment