Cause List 03-12-2007

BEFORE SHRI TALWANT SINGH: PRESIDING OFFICER
DELHI SCHOOL TRIBUNAL DELHI
03/12/2007



Misc. Proceedings (At 10:30 A.M.)


1. 36/2007 Ms. Naorem Sheilani V/s Radhakrishan International School & Ors.

2. 47/2007 Smt. Pooja Kapoor V/s The Managing Committee Saviour Convent Sr. Sec. School & Ors.

3. 30/2006 Mr. Hemant Kumar V/s The Managing Committee Hindon Public Sec. School & Ors.


Final Arguments (At 11:30 A.M.)

4. 13/1996: Mrs. Meena Sanghi V/s Rukmini Devi Public Schopol & Ors.

5. 24/1999: Mrs. Harbhajan Kaur V/s The Managing Committee, Jain Happy School & Ors.

6. 32/2000: Ms. Anita V/s St. Martin’s School & Ors.

7. 16/2004 Mrs. Madhu Kakaria V/s Champa Devi Aggarwal Saraswati Bal Mandir & Ors.

8. 40/2005 Smt. Deepshikha Saxena V/s Shiksha Bharti Sr. Sec. Public School & Ors. (Five Cases)

9. 05/2006 Mrs. Rekha Shanker V/s Directorate of Education & Ors.

CAUSE LIST OF 30/11/2007

BEFORE SHRI TALWANT SINGH: PRESIDING OFFICER
DELHI SCHOOL TRIBUNAL DELHI


Misc. Proceedings (At 10:30 A.M.)

1. 10/2007 Ms. Amrita Kumari V/s Directorate of Education & Ors.

2. 41/2007 Sh. Ashok Kumar (Five Cases) V/s S.M. Arya Public School & Ors.

Final. Arguments (At 11:30 A.M.)

3. 05/1999 Sh. Mahinder Kumar Sharma V/s The Management of Green Field School & Ors.

4. 13/2002 Sh. Shiv Kumar Sharma V/s St. Columbas School & Ors.

5. 38/2001 Sh. S.P. Sharma V/s Managing Committee St. Lawrence Convent School & Ors.

6. 09/2001 Ms. Neena Arora V/s Directorate of Education & Ors.

7. 42/2003 Mrs. Prachi Gupta V/s Green Fields School & Ors.

8. 41/2003 Ms. Neera Chopra V/s Naval Public School & Ors.

9. 30/2004 Sh. Ramesh Chand V/s Gyan Sagar Public School & Ors.

10. 34/2004 Sh. Raghubir Singh V/s Hope Hall Foundation School & Ors.

11. 27/2005 Mrs. Archana Saini V/s Air Force Senior Secondary School & Ors.

Order (At 04:00P.M.)

12. 41/1997 Mrs. Neena Thomes V/s St. Columbas School & Ors.

13. 04/2001 Ms. Indu Bala V/s Guru Teg Bahadur Public School & Ors.

14. 04/2000 Smt. Maheshwari V/s D.A.V.College Management Committee & Ors.

15. 07/2005 Sh. Suresh Chandra Kalra V/s Apeejay School & Ors.

16. 04/2007 Ms. Janet Vinita Jacob V/s Butler Memorial Girls Sr. Sec. School & Ors.

17. 16/2007 Sh. Mitender Sharma V/s Cambridge Foundation Sr. Sec.School & Ors.

18 17/2007 Sh. Ram Pakat V/s Cambridge Foundation Sr. Sec. School & Ors.

Cause List 29/11/2007

BEFORE SHRI TALWANT SINGH: PRESIDING OFFICER
DELHI SCHOOL TRIBUNAL DELHI

29/11/2007

Misc. Proceedings (At 10:30 A.M.)

1. 23/2007 : Sh. Ramji Lal V/s Ganga Happy Public School & Ors.

2. 30/2007 : Sh. Jai Charan V/s Don Bosco School & Ors.

3. 31/2007 Sh. Jai Charan V/s Don Bosco School & Ors.

4. 12/2007 Sh Ranjit Roy V/s Delhi Public School & Ors.

5. 36/2005 Ms. Rajni Hasija V/s Delhi Public School & Ors.

Final. Arguments (At 11:30 A.M.)

6. 02/2001 : Smt. Shashi Bala V/s Sardar Patel Public Sr. Sec. School & Ors.
7. 24/2001 Sh. Vinod Kumar V/s D.A.V. Public School & Ors.

8. 36/2001 Sh. Bal Bahadur Thapa V/s D.A.V College Managing Committee & Ors.
9. 05/2003 Sh. Abdul Rehman V/s Birla Sports Centre & Ors.

10. 19/2005 Sh. Dhanpat Singh V/s Directorate of Education & Ors.

11. 28/2006 Ms. Deepa Chhibber V/s Dayanad Adarsh Vidyalaya & Ors.

12. 07/2007 Sh. Himanshu Pande V/s Managing Committee of Banyan Tree(for Merly Rai School) & Ors.

Order (At 04:00P.M.)

13. 27/1997 : Smt. Lata Sharma V/s The Manager, J.S.S.Khalsa School & Ors.

14. 22/1999 : Sh. M.K. Aggarwal V/s Sadhu Vaswani International School & Ors.

15. 11/2005 Mrs. Rani Tiwari V/s Guru Tegh Bahadur Public School & Ors.

Cause List 28/11/2007

BEFORE SHRI TALWANT SINGH: PRESIDING OFFICER
DELHI SCHOOL TRIBUNAL DELHI

CAUSE LIST DATED 28/11/2007

Misc. Proceeding (10.30 A.M.)

1. 12/2005 Sh. Chander Pal V/s Harcourt Butler Sr. Sec. School.& Ors.

2. 43/2007 Sh. Sain Singh & Others V/s Harcourt Butler Sr. Sec. School & Ors.

3. 19/2006 Mrs. Anita Saini V/s Directorate of Education & Ors.

4. 32/2006 Smt. Kamal Saini V/s Directorate of Education & Ors.

Misc. Arguments (At 11:00 A.M.)

5. 17/2004 Mrs. Khima Devi V/s Ravindra Memorial Public School & Ors.

Final Arguments (At 11:30 A.M.)


6. 19/1988 Sh. K.L. Malhotra V/s Directorate of Education & Ors.

7. 21/1998 Sh. Om Prakash Arora V/s Managing Committee Mira Model Sr. Sec. School & Ors.

8. 29/1998 Sh. Inderbir Singh V/s The Management of Goodley Public School & Ors.

9. 6/2001 Sh. Suresh Chandara V/s Rukmani Devi Jaipuria Public School & Ors.

10. 15/2000 Sh. Kushal Singh V/s Mont Fort Sr. Sec. School & Ors.

11. 19/2003 Smt. Sangeeta Thapar V/s Directorate of Education & Ors.


Orders (At 4.00 P.M.)


12. 34/1991 Sh. Anand Swaroop Mittal V/s Ramjas Sr. Sec. School & Ors.

13. 4/2007 Ms. Janet Vinita Jacob V/s Butler Memorial Girls Sr. Sec. School & Ors.

14. 24/2007 Smt. Ravinder Kaur Datta V/s Guru Nank Public School & Ors.

Cause List 27-11-2007

BEFORE SHRI TALWANT SINGH: PRESIDING OFFICER
DELHI SCHOOL TRIBUNAL DELHI

CAUSE LIST DATED 27/11/2007

Misc. Proceeding (10.30 A.M.)

1. 21/2006 Sh. Rajinder Goyal V/s Hansraj Model School & Ors.

2. 06/2007 Smt. Vatsala Pathak V/s The Manager M.M. Public School & Ors.

Final Argument (At 11.30 A.M.)

3. 15/1999 Smt. Poonam Vig. V/s Sadhu Vaswani International School & Ors.

4. 15/2001 Smt. Ranju Mangon V/s Nutan Vidhya Mandir & Ors.

5. 22/2001 Smt. Surekah Rani V/s Mukta Bharti Middle Public School & Ors.

6. 4/2004 Ms Amita Dara V/s Kathuria Public School & Ors.

7. 7/2005 Sh. Suresh Chandra Kalra V/s Apeejay School & Ors.

8. 26/2007 Sh. Ganesh V/s Apex Public School & Ors.

9. 29/2007 Sh. Vinod Kumar Matta V/s Modern Public School & Ors.

Order ( At 4.00 P.M.)

10. 4/2001 Ms Indu Bala V/s Guru Teg Bahadur Public School & 007AOrs.

CAUSE LIST OF 26/11/2007

BEFORE SHRI TALWANT SINGH: PRESIDING OFFICER
DELHI SCHOOL TRIBUNAL DELHI



Misc. Proceeding (10.30 A.M.)

1. 37/2003 Mrs Shweta Mehta V/s Bhartiya Vidya Bhawan & Ors.

Misc. Argument (At 11.00 A.M.)


2. 44/2007 Ms. Sunita Bugga V/s Director of Education & Ors.

3. 09/199 Smt. Anjana Samnol V/s Director of Education & Ors.

Final Argument (At 11.30 A.M.)

4. 09/1997 Sh Deva Nand & Ors (6 Cases) V/s Krishna Model School & Ors.

5. 01/2000 Smt. Shashi Gaur V/s Director of Education & Ors.

6. 24/2000 Smt. Niranjan Sharma V/s National Victor Public School & Ors.

7. 64/2002 Sh. Gajraj Singh V/s D A V Centernary Public School & Ors.

8. 25/2006 Smt Sushma Tandon V/s St Sophia’s Sr. Sec School & Ors.

9. 07/2006 Mrs Savinder Verma V/s Doon Public School & Ors


Order ( At 4.00 P.M.)

10 34/1994 Sh. Chander Parkash GautamV/s Ramjas Sr Sec School & Ors.

CAUSE LIST OF 23/11/2007

BEFORE SHRI TALWANT SINGH: PRESIDING OFFICER
DELHI SCHOOL TRIBUNAL DELHI

Misc. Proceeding (10.30 A.M.)

1. 05/2007 Sh. Achint Kumar Ganguli V/s The Mamta Modern Education Scociety & Ors.

2. 46/2007 Sh. Achint Kumar Ganguli V/s The Mamta Modern Education Society & Ors.

3. 01/2007 Sh. Jitendra Sharma V/s Managing Committee Geeta Bal Bharti Sr. Sec. School & Ors.

4. 40/2003 Ms Indira Sharma V/s Heera Public School & Ors.

5. 39/2001 Sh. Balbir Singh V/s The Management of Bosco Sr. Sec. Public School & Ors.

Misc. Argument (At 11.00 A.M.)

6. 1/2005 Ms. Madhu Sharma V/s Bal Bhawan Public School & Ors.

7. 2/2005 Smt. Renu Malthora V/s Bal Bhawan Public School & Ors.

8. 3/2005 Smt.. Madhu Malhotra V/s Bal Bhawan Public School & Ors.

9. 4/2005 Smt. Saneh Lata V/s Bal Bhawan Public School & Ors.

10. 05/2005 Smt. Meena V/s Bal Bhawan Public School & Ors.

Final Argument (At 11.30 A.M.)

11. 22/2000 Smt. Surender V/s Dr. Swami Rampal Singh Mission School & Ors.

12. 35/2004 Smt. Denny Thomas V/s Director of Education & Ors.

13. 26/2005 Smt. Monika Jawa V/s Maharaja Agrasen Model School & Ors.

14. 16/2007 Sh. Mitender Sharma V/s Cambridge Foundation Sr. Sec. School & Ors.

15. 17/2007 Sh. Ram Pakat V/s Cambridge Foundation Sr. Sec. School & Ors.

Order ( At 4.00 P.M.)

16 21/2004 Sh. Mohan Lal Saran V/s Govt. of NCT of Delhi & Ors.

CAUSE LIST OF 22/11/2007

BEFORE SHRI TALWANT SINGH: PRESIDING OFFICER
DELHI SCHOOL TRIBUNAL DELHI


Misc. Proceeding (10.30 A.M.)

1. 18/2007 Ms. Bharti Shaunik V/s Director of Education & ors.

2. 19/2007 Smt. Rashi Sekhri V/s The Director of Education & Ors.

3. 20/2007 Sh. S.D. Sharma V/s Director of Education & Ors.

4. 11/2007 Ms Seema Tiwari V/s Preet Public Sr. Sec. School & ors.

5. 39/2001 Sh. Balbir Singh V/s The Management of Bosco Sr. Sec. Public & Ors.

Final Argument (At 11.30 A.M.)


6. 19/1996 Sh. D.N. Kumar V/s Director of Education & Ors.

7. 27/1998 Sh. Ravinder Jain V/s The Managing Committee, Ramjas School & Ors.

8. 02/2004 Mrs. Rajwanti V/s Ms Lady Irwin Sr. Sec. School & Ors.

9. 11/2005 Mrs. Rani Tiwari V/s Guru Teg Bahadur Public School & Ors.

Order ( At 4.00 P.M.)

10. 33/2004 Mrs. Usha Sahi V/s The Management of Sophia Sr. Sec. School & Ors.

11. 04/2007 Ms. Janet Vinita Jacob V/s Butler Memorial Girls Sr. Sec. School & Ors.

Caus List 21-11-2007

BEFORE SHRI TALWANT SINGH: PRESIDING OFFICER
DELHI SCHOOL TRIBUNAL DELHI

CAUSE LIST DATED 21/11/2007

Misc. Proceeding (10.30 A.M.)


1. 47/2005 Ms. Sunita Prashar V/s D.A.V Public School & Ors.

2. 32/2007 Smt. Sunder Kumari @ Sumita V/s Managing Committee, Maharaja Agrasain Public School & Ors.

3. 11/2004 Smt. Meera Dimri V/s The Management, NEO Convent Sr. Sec. School & Ors.


Final Argument (At 11.30 A.M.)

4. 23/1998 Sh. Rakesh Sinha V/s Malviya Public School & Ors.

5. 04/1999 Sh. Brijesh Kumar V/s Director of Education & Ors.

6. 22/2002 Smt. Sunita Rana V/s Vidya Jyoti Public School & Ors.

7. 23/2002 Smt. Saroj Bala V/s Vidya Jyoti Public School & Ors.

8. 13/2003 Smt. Rekha Sharma V/s D.A.V. Cen. Public School.

9. 1/2006 Smt. Trivender Kaur V/s Bhai Lalo Public School & Ors.
10. 33/ 2006 Sh. Rajesh Khullar V/s Director of Education & Ors.


Order ( At 4.00 P.M.)

11. 37/2002 Sh. Radhey Shyam Sharma V/s Chunni Lal Sarswati Bal Mandir & Ors.

12. 12/2004 Sh. Vinod Kumar V/s Principal S. Jassa Singh Ramgarhia Public School & Ors.

Cause List 20-11-2007

Misc. Argument (11.00 A.M)

1. 18/2006 Mrs. Bimla Gupta V/s St. Marys’ School & Ors.

Final Argument (At 11.30 A.M.)


2. 24/2003 Sh. Satya Narayan V/S MDH International School & Ors.

3. 26/2004 Sh. Raj Kumar V/s Dte. of Education & Ors.

4. 27/2004 Sh. Pardeep Kumar V/s Director of Education & Ors.

5. 12/2001 Ms. Manju Sikka V/s Mount Abu Sr. Sec. School & O rs.

6. 46/2005 Ms. Anshu Sharma V/s Director of Education & Ors.

Order ( At 4.00 P.M.)

7. 27/1997 Smt. Lalta Sharma V/s The Manager J.S.S Khalsa School & Ors.

CAUSE LIST OF 19/11/2007

BEFORE SHRI TALWANT SINGH: PRESIDING OFFICER
DELHI SCHOOL TRIBUNAL DELHI



Misc. Proceedings (10.30 A.M)

1. 29/2004 Ms. Anuradha Dravid V/s Sri Ram School & Ors.


Final Argument (At 11.30 A.M.)


2. 34/1991 Sh. Anand Swaroop Mittal V/s Ramjas Sr. Sec. School & Ors.

3, 04/2001 Smt. Maheshwari V/s D.A.V. College Management Committee & Ors.

4. 12/2006 Ms. Dharamviri Devi V/s Vijay Jyoti Co-Ed. Middle School & Ors.

5. 26/2006 Mrs. Shobha Arvind Dhingra V/s D.A.V. College Management Committee & Ors.


Order ( At 4.00 P.M.)

6. 41/1997 Mrs. Neena Thomas V/s St. Columbas School & Ors.

7. 37/2002 Sh. Radhey Shyam Sharma V/s Chunni Lal Saraswati Bal Mandir & Ors.

Cause List 16-11-2007

BEFORE SHRI TALWANT SINGH: PRESIDING OFFICER
DELHI SCHOOL TRIBUNAL DELHI


CAUSE LIST DATED 16/11/2007


Misc. Proceedings (10.30 A.M)

1. 05/2007 Sh. Achint Kumar Ganguli V/s The Mamta Modern Education Society & Ors.

2. 46/2007 Sh. Achint Kumar Ganguli V/s The Mamta Modern Education Society & Ors.

3. 25/2007 Smt. Mridul Sharma V/s Director of Education & Ors.


Misc. Arguments (At 11:00 A.M.)


4. 06/1988 Sh. Ram Nath Sharma V/s Director of Education.


5. 04/2003 Ms. Sunita V/s Indira Idel Sr. Sec. School & Ors.


Final Argument (At 11.30 A.M.)


6. 28/2000 Mrs. Kanika Sarkar V/s Bidhan Chandra Vidyalaya & Ors.

7. 09/2003 Sh. Jyoti Verma V/s Bal Bharti Public School & Ors.


8. 35/2003 Ms. Rashmi Dubey V/s Geeta Bal Bharti, Sr. Sec. School & Ors.

9. 20/2003 Mrs. Seema V/s The Managing Committee, S.D. Public School & Ors.

10. 31/2004 Sh. Anupam Kashyap V/s S.D. Public School & Ors.


Order ( At 4.00 P.M.)

11. 22/ 1999 Sh. M.K. Aggarwal V/s Sadhu Vaswani International School &: Ors.

12. 24/2007 Smt. Ravinder Kaur Datta V/s Guru Nanak Public School & Ors.

Cause List 15-11-2007

BEFORE SHRI TALWANT SINGH: PRESIDING OFFICER
DELHI SCHOOL TRIBUNAL DELHI

15/11/2007


Misc. Proceedings (10.30 A.M)

1. 31/2006 Ms Renu Malhotra V/s Happy Model School & Ors.


Misc. Arguments (At 11:00 A.M.)

2. 1/2005 Ms. Madhu Sharma V/s Bal Bhawan Public School & Ors.

3. 03/2005 Ms Madhu Malhotra V/s Bal Bhawan Public School &
Ors.

4. 02/2005 Ms Renu Malhotra & Ors. V/s Bal Bhawan Public
School.

5. 04/2005 Mrs. Saneh Lata V/s Bal Bhawan Public School & Ors.

6 05/2005 Ms. Meena V/s Bal Bhawan Public School & Ors.


Final Argument (At 11.30 A.M.)


7. 19/1998 Sh. K.L. Malhotra V/s Director of Education & Ors.


8. 1/2004 Sh. Sandeep Singh V/s Kulachi Hansraj Model School & Ors.

9. 26/2006 Mrs. Shobha Arvind Dhingra V/s D.A.V College Management Committee & Ors.

Cause List 15-11-2007

BEFORE SHRI TALWANT SINGH: PRESIDING OFFICER
DELHI SCHOOL TRIBUNAL DELHI

15/11/2007


Misc. Proceedings (10.30 A.M)

1. 31/2006 Ms Renu Malhotra V/s Happy Model School & Ors.


Misc. Arguments (At 11:00 A.M.)

2. 1/2005 Ms. Madhu Sharma V/s Bal Bhawan Public School & Ors.

3. 03/2005 Ms Madhu Malhotra V/s Bal Bhawan Public School &
Ors.

4. 02/2005 Ms Renu Malhotra & Ors. V/s Bal Bhawan Public
School.

5. 04/2005 Mrs. Saneh Lata V/s Bal Bhawan Public School & Ors.

6 05/2005 Ms. Meena V/s Bal Bhawan Public School & Ors.


Final Argument (At 11.30 A.M.)


7. 19/1998 Sh. K.L. Malhotra V/s Director of Education & Ors.


8. 1/2004 Sh. Sandeep Singh V/s Kulachi Hansraj Model School & Ors.

9. 26/2006 Mrs. Shobha Arvind Dhingra V/s D.A.V College Management Committee & Ors.

Cause List of 14/11/2007

BEFORE SHRI TALWANT SINGH: PRESIDING OFFICER
DELHI SCHOOL TRIBUNAL DELHI

14/11/2007


Misc. Proceedings (10.30 A.M)

1. 08/2007 Mrs. Soma Pani Chattopadhyay V/s Hamdard Public School & Ors.

2. 15/1997 Sh. Chatter Singh V/s Apeejay School & Ors.

3. 09/2005 Sh. Rajinder Kumar Gupta V/s Director of Education & Ors.

4. 03/2007 Sh. Arshad Mujib Ansari V/s Managing Committee Shafi Memorial Sec. School & Ors.

Final Arguments (At 11:30 A.M.)


5. 01/2003 Sh. Karamvir V/s The Management of Gujrat Education Society & Ors.

6. 02/2003 Sh. Munna Lal V/s The Management of Gujrat Education Society & Ors.

7. 14/2004 Ms. Anju Farswan V/s Mayo International School & Ors.

8. 37/2004 Mrs. Neelam Gupta V/s Somerville School & Ors.

9. 18/2005 Ms. Neetu Parasher V/s Arun Modern Public Sec. School & ors.

10. 14/2006 Sh. Bakshish Singh V/s Guru Harkarishan Public School & Ors.

11. 29/2006 Sh. Manjeet Singh V/s State of NCT of Delhi & Ors.

12. 26/2007 Sh. Ganesh V/s Apex Public School & Ors.


Order (At 4.00 P.M.

13. 37/2002 Sh. Radhey Shyam Sharma V/s Chunni Lal Saraswati Bal Mandir & Ors.

Cause List 13-11-2007

BEFORE SHRI TALWANT SINGH: PRESIDING OFFICER
DELHI SCHOOL TRIBUNAL DELHI

13/11/2007


Misc. Proceedings (10.30 A.M)

1. 37/2007 Sh Sukhdev Jain V/s Modren School & Ors.

2. 44/2007 Smt Sunita Bugga V/s Director of Education & Ors.

Final Arguments (At 11:00 A.M.)


3. 37/1998 Sh Faqir Chand V/s Samarth Shiksha Samiti (Regd)
& Ors

4. 38/1998 Sh Vishwanath V/s Samarth Shiksha Samiti (Regd)
& Ors.

5. 05/2004 Ms Kusum Midha V/s Delhi Police Public School & Ors.

6. 04/2007 Ms Janet Vinita Jacob V/s Butla Memorial Girls Sr Sec School & Ors.

Order (At 4.00 P.M.

7. 04/2001 Ms Indu Bala V/s Guru Teg Bahadur Public School & Ors.

HAPPY DIWALI

HAPPY DIWALI TO ALL

Cause List 12-11-2007

BEFORE SHRI TALWANT SINGH: PRESIDING OFFICER
DELHI SCHOOL TRIBUNAL DELHI

12/11/2007


Misc. Arguments (11.00 A.M)

1. 33/2004 Mrs. Usha Shahi V/s The Management of Sophia’s Sr Sec School & Ors.

2. 34/1994 Sh Chander Parkash Gautam V/s Ramjas Sr Sec School & Ors.

Final Arguments (At 11:30 A.M.)


3. 14,20& Mrs Hoshiari Devi V/s Krishna Model Sec.
23/1997 School & Ors (3 Cases)

4. 14-16/2005 Mrs. Anita Bhandari V/s Director of Education & Ors. (3 Cases)

5. 30/2005 Mr Raj Kumar Sharma V/s Director of Education & Ors.

6. 13/2006 Ms Bazm Ara Begum V/s Director of Education & Ors.

Order (At 4.00 P.M.

7. 22/1999 Sh M K Aggarwal V/s Sadhu Vaswani School & Ors.

Meera Mishra Vs. Directorate of Education & Anr.

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 6th July, 2005

W.P. (C) No.5381/2002

Smt.Meera Mishra ...Petitioner

Versus

Directorate of Education & Anr. ...Respondents

VIKRAMAJIT SEN, J.

1.The Petitioner herein had earlier approached the Delhi School Tribunal in terms of Appeal No.47/1994 which was disposed of by Judgment dated 16.7.2002. Respondent No.2 herein was the first Respondent in those proceedings, and the principle of res judicata would squarely militate against it. The operative part of the Judgment reads as follows:

"The next relevant objection, raised by the Respondent No.1,is in para 3 of the written statement wherein they have stated that at no stage services of the Appellant had been terminated ever by the Respondent No.1 and by the Managing Committee of the Jain Shishu Niketan Primary School. The Appellant was still working as a Teacher in the same School. They have filed photostat copies of the documents like the Attendance Register and the Leave Applications given by the Appellant on 7.9.95.

In the rejoinder, the Appellant has stated that after she filed the appeal before this Tribunal, the Respondent No.1 agreed to withdraw the suspension and termination order, but up to date, the order has not been withdrawn. The Appellant has not been getting proper salary and she has not been given a rejoining letter. This reply of the Appellant shows that she has not specifically denied the fact that she is working in the School even at this time. There is nothing on record to show that her services were terminated by the School at any time. Under the circumstances, I find that the Appellant has no cause of action to file this appeal. The appeal is accordingly dismissed."

2. In view of the previous round of litigation, it is no longer possible for the Respondent School to contend that the Petitioner had not been employed by Jain Shiksha Samiti, Respondent No.2, which is recognized as well as financially aided by the Directorate of Education. Assuming that the Petitioner had been deputed to the Jain Shishu Niketan Primary School, a wing of Respondent No.2 running in its precincts, and stated to be a 'voluntary' effort, this factor alone would not defeat the claim of the Petitioner. Ms. Jain had attempted to convince me that the writ petition is not maintainable against Jain Shishu Niketan Primary School where the Petitioner was employed, but since this stance had not been adopted before the Delhi School Tribunal this contention stands foreclosed. Raising it at this belated stage leads me to view the Respondent School's defence as a chicanery, especially since it is now sought to be argued that the Petitioner has failed to report for duty at the Primary School.

3. Learned counsel for the Respondent School has belaboured the point that the Jain Shiksha Samiti is engaged in social service; that the Primary School does not receive aid from the State and Teachers render voluntary service. Assuming this to be true, it is indeed a contradiction in terms to compel a person to be a volunteer. What is distressing is that the Jain Shishu Niketan, run by the Jain Shiksha Samiti, is an aided School and yet it charges tuition fees from its students. In a retort to the litany and self-appreciation put forward on behalf of the Respondent School that it represents a philanthropic or charitable or social endeavour, a School Fees receipt had been handed over by learned counsel for the Petitioner in the course of arguments. Its genuineness has not been disputed and the only issue that has been pointed out by learned counsel for the Respondent School is that the receipt pertains to the Jain Shishu Niketan. The Samiti is expected to contribute five per cent of the total expenditure of the aided School but prima facie it appears that the Samiti may instead be making secret profits. This is impermissible, and the Directorate is directed to conduct a special audit into the affairs of the Jain Shishu Niketan as well as the so-called primary section and submit a Report to the Registrar General of this Court within ninety days from today.

4. As has already been observed, it is too late in the day for the Respondents School to make a distinction between the Jain Shishu Niketan and Jain Shishu Niketan Primary School. Since the Primary School is being run within the precincts of the aided school the distinction, if any, becomes blurred and indistinguishable. It has become commonplace for Societies, which are, receiving State aid, to conduct other financially remunerative activities the use of the proceeds of which are not known. In the present case assuming that school fees are being charged even though State aid is being received by the Samiti in respect of the Jain Shishu Niketan the overflow could easily be used for the unsupported endeavour of the primary school. This has obviously not happened.

5. The stand adopted by the Respondent before the Delhi School Tribunal was that the services of the Petitioner had not been terminated and it was on this ground that the Appeal was dismissed. If there is any truth in its present stance that the Petitioner has not reported for duty it ought to have instituted an enquiry. Admittedly this has not been done. In the hearing held on 21.4.2005 the Petitioner had offered to forgo all previous wages if she is given regular employment. The proceedings were adjourned to enable the Respondent School to consider the extremely fair and genuine offer. All that has been done is to delay further proceedings and re-argue the matter yet again.

6. The writ petition is allowed. The Respondent School is directed to release arrears of salary to the Petitioner with effect from 1.10.1995 within four weeks from today and thereafter pay her salaries by the 10th day of each calendar month. If the arrears of salary are not paid within four weeks from today the Respondent School shall be liable to pay interest thereon at the rate of 5 per cent per annum. The Petitioner has also prayed for a direction for assigning duties to her as a regular teacher. But if the Respondent chooses to waste its money by paying salaries to the Petitioner and yet not giving her any duties it is the Respondent School's concern. This Court need not pass any orders in that context. Since none of the contentions put forward on behalf of the Respondent School have any merit the Petitioner shall be entitled to costs of Rs.5,000/- which shall be paid to the Petitioner within four weeks from today.

7. The writ petition stands disposed of in the above terms.

Sd./-
VIKRAMAJIT SEN.J

Mrs.Florence Joel Vs. Mater Dei School & Ors.

IN THE HIGH COURT OF DELHI AT NEW DELHI

CW.5446/2002.

Date of decision: August 20, 2004.

Mrs.Florence Joel ..... Petitioner

Through

Mr.S.K.Shukla, Advocate.

Versus

Mater Dei School & Ors. ......Respondents.

Through

Mr.M.Dias and

Mr.S.K.Shandilya, Advocates

for respondent Nos.1 and 2.

Mr.Aditya Madan, Advocate

for respondent No.3.

Manmohan Sarin, J(ORAL).

1. Rule.

With the consent of parties writ petition is taken up for disposal.

2. Petitioner, by this writ petition assails the order dated 17.7.2002, passed in appeal by the Delhi School Tribunal. Mr.Shukla, submits that petitioner was an illiterate widow, who had been engaged by Mater Dei School as a class IV employee. This was done in January, 1983. Her duties were washing clothes, cooking food, dusting and cleaning residential quarters of the Sisters and the chapel where the Sisters prayed. It is further claimed that petitioner was also cleaning the class rooms. Respondent-School and its Society did not issue any appointment letter to the petitioner. Petitioner's services were terminated vide letter dated 5.7.1996 w.e.f. 15.7.1996. It is stated that respondent Society, which ran the School paid a sum of Rs.13,288/- towards settlement of dues. Petitioner was not paid the regular salary and other retiral benefits, as paid to other employees. At the time of settlement, gratuity and compensation of 15 days each for every completed year of service was paid.

3. Respondents have filed the counter affidavit, denying the relationship of Employer and Employee between the Petitioner and School. It is stated that petitioner had approached the Sisters of the School, as she found herself in misery on account of ill-treatment by her husband, who was alleged to be a drunkard It is stated that purely as a humanitarian gesture, petitioner was given the job of cleaning, washing and attending to the cooking needs of the Sisters as also to clean the Chapel as part time domestic help. The Sisters, it is stated, are residing within the School premises. It is stated that the Sisters of the School had treated the petitioner as a member of the family and all her four children received free education and considerable financial assistance was given at the time of marriage of the daughters. Be that as it may, the question arising for consideration is whether petitioner was an employee of the School or not ?

4. Mr.Shukla submits that School is run by the Society. He places reliance on Municipal Corporation of Delhi Vs. Children Book Trust reported at 47 (1992) Delhi Law Times 424 SC to submit that the Society is to control the Managing Committee of the School and in this case the payments, which were made to the petitioner for settlement of dues, were made by the Society. He submits that as such relationship was established between the petitioner and the School. Petitioner was not the personal employee of the Sisters or Nuns. He also places reliance on Kapoor Chand & Ors. VS. Delhi Administration & Ors. reported at 1989 (16) D.R.J. 83. In this case, the conductors and drivers of the School bus were held to be employees of the School.

5. Mr.Shukla further in support of his contention stated that the School magazine is the mirror of the activities of the School and petitioner's photograph appears in the School magazine along with other members of the staff/employees. This amply showed that she was part of the family of the Mater Dei and her status was no different from that of regular employees.

6. I have heard Mr.M.Dias, in opposition. He has reiterated the contents of the counter affidavit, as filed and submits that this was not a case where the employer employee relationship between the Petitioner and School is at all established. There is no appointment letter issued to the petitioner, who is stated to have worked for over more than 13 years. Moreover, he submits that in none of the declarations/returns filed before the Directorate of Education, petitioner figured in the list of employees. He further explains that petitioner was part time domestic help. She was looking after the Sisters/Nuns. She used to clean and cook food for them. She was residing at Baba Kharak Singh Marg. The payments made to her were by the Society, since nuns having renounced the world, do not normally maintain any establishment. Their expenses and needs are all met by the Society. Hence the Society was providing them this facility of part time domestic help.

7. I have heard counsel for the parties and noted their contentions and have also perused the impugned order of the Delhi School Tribunal. I find that there is no infirmity in the order of the Delhi School Tribunal. Petitioner has failed to produce any appointment letter. It is not disputed that regular employees of the School were paid different scale and their names figure in the returns filed with the Directorate of Education and other statutory authorities. Petitioner did not figure in any of the staff list. The presence of photographs in school magazine shows that she was well treated and looked at as part of Mater Dei family. It does not make her an employee. The absence of the petitioner in any of the returns or staff list filed by the School with the Authorities as also the attendant circumstances negate the plea of being employee of School. The acceptance of salary of part time employee by her for all the 13 years without any reservation or protest does not lend any credibility to claim of being a regular employee of the School. I may notice that as a humanitarian gesture of help extended by the Society is sought to be used as a lever for asserting the claim of regular employment with the School. Not only this, the Society of the School while terminating the arrangement with the petitioner has taken care to provide her the amounts, which would be payable even for gratuity and compensation for each year of service.

8. In view of the foregoing discussion, there is no ground to interfere with the order passed by the Delhi School Tribunal. The writ petition is devoid of merit and is, accordingly, dismissed.

August 20, 2004 Manmohan Sarin, J.

Cause List 07-11-2007

BEFORE SHRI TALWANT SINGH: PRESIDING OFFICER
DELHI SCHOOL TRIBUNAL DELHI

07/11/2007

Misc. Proceedings (10.30 A.M)

1. 43/2007 Sh. Sain Singh & Ors. V/s Harcourt Butler Sr. Sec. School & Ors.

2. 27/2006 Mrs. Shikha Choudhary Srivastava V/s The Managing Committee, Joseklph & Mary School & Ors.

Misc. Arguments (11.00 A.M)

3. 25/2005 Mrs. Flowery Joseph V/s S.M. Arya Public School & Ors.

4. 04/2007 Ms. Janet Vinita Jacob V/s Butler Memorial School & Ors.

Final Arguments (At 11:30 A.M.)


5. 37/2002 Sh. Radhey Shyam Sharma V/s Chunni Lal Sarswati Bal Mandir & Ors.

6. 42/2003 Mrs. Prachi Gupta V/s Green Fields School & Ors.


7. 12/2000 Mrs. Gura Bhatnagar V/s Shri Guru Nanak Public School & Ors.

8. 7/2003 Ms Tapti Mitra V/s S.D. Public School & Ors.

Cause List 06-11-2007

BEFORE SHRI TALWANT SINGH: PRESIDING OFFICER
DELHI SCHOOL TRIBUNAL DELHI

06/11/2007

Misc. Proceedings (10.30 A.M)

1. 40/2007 : Sh Bansi Lal V/s Combridge Foundation S S School & Ors

2. 41/2007 : Sh Ram Kalap Tiwari V/s Combridge Foundation S S School & Ors

Misc. Arguments (11.00 A.M)


3. 15/2004 : Mrs Dimple Gupta V/s Suraj Kanya Shikhalaya & Ors.


Final Arguments (At 11:30 A.M.)



4. 06/2003 : Ms Neeta Kapoor V/s CRPF Public School & Ors.

5. 11/2003 : Ms Veena Garg V/s St. Sophia’s Sr Sec School & Ors.

6. 12/2003 : Ms Naresh Tomar V/s St. Sophia’s Sr Sec School & Ors.

7. 28/2004 : Sh V Mohan Rao V/s A E S Dr K R B M School & Ors.

8. 20/2005 : Ms Gurdeep Kaur V/s Mother Mary Public School & Ors.


Orders ( 4.00 P.M.)

9. 05/1996 : Archana Bains V/s Director of Education & Ors.

Cause List of 05/11/2007

BEFORE SHRI TALWANT SINGH: PRESIDING OFFICER
DELHI SCHOOL TRIBUNAL DELHI

5/11/2007


Misc. Proceedings (At 10:30 A.M.)

1. 33/2007 : Ms. Kusum Lata V/s NCT of Delhi & Ors.

2. 02/2007 : Ms Mala Mitra V/s The Managing Committee of Indian School & Ors.

3. 21/2007 : Sh. Rakesh Kumar V/s Govt. of NCT of Delhi & Ors

4. 34/2007 : Sh. Rakesh Kumar V/s Govt. of NCT of Delhi & Ors.

Misc. Arguments (11.00 A.M)

5. 17/2006 : Sh. Bhudev Prasad V/s Cambridge Primary School & Ors.


Final Arguments (At 11:30 A.M.)


6. 27/1997 : Smt. Lata Sharma V/s The Manager J.S.S. Khalsa School & Ors.

7. 38/1997 : Sh. C.L. Sethi V/s Director of Education & Ors.

8. 13/2001 : Sh. B.K. Paul V/s Bal Bharti School & Ors.

Cause List 2-11-2007

BEFORE SHRI TALWANT SINGH: PRESIDING OFFICER
DELHI SCHOOL TRIBUNAL DELHI

2/11/2007


Misc. Proceedings (At 10:30 A.M.)

1. 41/2007 (Contempt) : Sh. Ashok Kumar & Ors. V/s S.M. Arya Public School & Ors.

2. 10/2007 : Ms Amrita Kumari V/s Director of Education & Ors.

3. 13/2007 : Rekha Sabharwal V/s Saai Memorial School & Ors.


Misc. Arguments (11.00 A.M)

4. 6/1988 : Sh. Ramnath Sharma V/s Director of Education.


5. 12/2004 : Sh. Vinod Kumar V/s Principal S.Jassa Singh Ramgariha Public School & Ors.

Final Arguments (At 11:30 A.M.)


6. 34/2004 : Sh. Raghubir Singh V/s Hope Hall Foundation School & Ors.

7. 5/1999 : Sh. Mahinder Kumar Sharma V/s The Management of Green Field School & Ors.

8. 11/2000 : Sh. Raj Pal Singh V/s The Managing Committee , St. Paul’s School & Ors.

9. 38/2001 : Sh. S.P.Sharma V/s The Managing Committee St. Lawrence Convent School & Ors.

10. 13/2002 : Sh. Shiv Kumar Sharma V/s St. Columbas School & Ors.

11. 22/2002 : Smt. Sunita Rana V/s Vidya Jyoti Public School & Ors.

12. 23/2002 : Smt. Saroj Bala V/s Vidya Jyoti Public School & Ors.