S. Sarabjit Singh v. Director of Education & Ors.

Delhi High Court · 24 Jul 2013 · 2013:DHC:6821
Valmiki J. Mehta
W.P.(C) 9049/2011
2013:DHC:6821
administrative appeal_allowed Significant

AI Summary

The Delhi High Court held that school employees under the DSGMC are employees of their respective schools alone, and transfer orders moving them to other schools or institutions by the managing committee are invalid and liable to be quashed.

Full Text
Translation output
i.5 to 9 & 14 &15 HIGH COURT OF DELHI
W.P.(C) 11348/2009 (1-5)
RAVINDER KAUR
Through:
VERSUS
DIRECTOR OF EDUCATION & ORS.
Through:
W.P.(C) 1138112009 (1-6)
TARA SINGH
Through:
VERSUS
Through:
W.P.(C) 11677/2009 (1-7)
IQBALKAUR
Through:
VERSUS
Through:
W.P.(C) 1134812009 & conn. ..... Petitioner Mr. Ajai Kumar, Adv. ..... Respondent
Ms. Bandana Shukla, Adv. for Ms. Ruchi Sindhwani, Adv. for R-1.
Ms. Manpreet Kaur and Mr. Mansimran Singh, Advs. for R-2 to 5.
Ms. Bandana Shukla, Adv. and Mr. L.K.Garg, Adv. for Ms. Ruchi Sindhwani, Adv. for R-1. page 1 of4
2013:DHC:6821
W.P.(C) 2164/2010 (I-8)
KARTAR SINGH
Through:
VERSUS
Through:
W.P~(C) 11700/2009 (I-9)
JASBIRKAUR
Through:
VERSUS
Through:
W.P.(C) 9049/2011 (I-14)
S.SARABJIT SINGH..... Petitioner
Through: Mr. Fateh Pal Singh Chhaber and Mr. Ajai Kumar, Adv.
VERSUS
DIRECTOR OF EDUCATION & ORS. ..... Respondent
Through: Ms. Manpreet Kaur and Mr. Mansimran Singh, Adv. for R-2 to 6. page 2 of4
W.P.(C) 9050/2011 (I-15)
S.SURJIT SINGH
Through:
VERSUS
Through:
CORAM:
Mr. Fateh Pal Singh Chhaber and Mr. Ajai Kumar, Adv.
Singh, Adv. for R-2 to 6.
HON'BLE MR. JUSTICE VALMIKI J. MEHTA
24.07.2013 Counsel for the parties agree that the only issue in this case is the entitlement of a school to transfer an employee to another school or to any other institution being run by Delhi Sikh Gurudwara Management
Committee. I have had an occasion to consider this aspect in the case of
Satbir Singh andAnr. Vs. Delhi Sikh Gurudwara Management Committee and Anr. in W.P.(C) No. 8060/2007 decided on 1.5.2013, wherein I have held that employee of a school will be an employee of the school itself and not of any other body or society. Therefore: I have struck down the transfer order by which a teacher or employee of one school is transferred to another
W.P.(C) 1134812009 & conn. page 3 of4 school. Adopting the ratio ofthe aforesaid
ORDER
, these writ petitions are allowed and the impugned orders transferring the petitioners are quashed.
The writ petitions are disposed ofaccordingly.
JULY 24,2013 ib ' f \ v ~(~ VALMIKI J. MEHTA, J page4 of4