Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Conditions of service - An LDC employed by a Society (Samiti) and posted in one of its schools - Promoted as UDC by the Samiti - Salary paid by Samiti - Employee placed under suspension by Samiti - Suspension challenged, pleading that services of employee were governed by Delhi School Education Act, 1973 and Rules framed there under Held: Services of the employee were governed and would continue to be governed by rules of the Samiti and not by Delhi School Education Act/Rules though provisions of the Rules may have been adopted by Samiti for its employees - Delhi School Education Act, 1973 - Delhi Education Rules, 1973. Respondent no.1 was appointed as a Lower Division Clerk by Samarth Shiksha Samiti, appellant no.1, and posted in one of its schools, namely, appellant no.2 Later, he was promoted as Upper Division Clerk. On 16.7.2005 he was transferred from the School to the office of the Samiti. On 21.9.2005, owing to an incident, an order of suspension was issued against him by appellant no.1. During the pendency of the disciplinary proceedings against respondent no.1, he filed a writ petition before the High Court challenging his transfer order dated 16.7.2005, the suspension order dated 21.9.2005, the charge.- Sheet dated 29.9.2005 and the letter dated 26.10.2005 initiating. departmental inquiry against him. The writ petition was dismissed by the single Judge. But the appeal of respondent no.1 was allowed by the Division Bench of the High Court holding that his services were governed by the Delhi School Education Act, 1973 and the Rules framed thereunder and not by the rules and regulations B of the appellant Samiti. In the appeal filed by the Samiti, the questions for considerations before the Court were: (i) whether + respondent no.1 was the employee of appellant no.1 Samiti, or the appellant no.2 School: (ii) whether services of respondent no.1 could be said to be governed by the • Delhi School Euducation Act, 1973 and the Rules framed thereunder: and (iii) whether the conditions of service of respondent no.1 stood altered on his being transferred from appellant no.2 School to office of appellant no.1. |
Judge | Honble Mr. Justice Altamas Kabir |
Neutral Citation | 2009 INSC 96 |
Petitioner | Samarth Shiksha Samiti & Anr. |
Respondent | Bir Bahadur Singh Rathour & Ors. |
SCR | [2009] 1 S.C.R. 735 |
Judgement Date | 2009-02-03 |
Case Number | 598 |
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