In the High Court of Judicature for Rajasthan Jaipur Bench **
Civil Misc. Stay Appl. No.874/2010
Civil Writ Petition No.6943/2010
Bal Bharati Samiti & Anr Versus
Non-Govt. Edu. Tribunal & Smt. Usha Batra
Date of Order ::: 16/08/2010
Hon’ble Mr. Justice Ajay Rastogi
Mr. Sanjay Mehrish, for petitioner
Mr. Pawan Trivedi for Mr. DP Sharma, for respondent-2.
Writ petition has been admitted today. As regards interim relief, Counsel for petitioner submits that after initial order dt.04/07/95 passed by Tribunal setting aside the order of termination dt.03/05/94 was challenged by way of CWP-3788/1995 (Bal Bharti Samiti & Anr. Vs. Non-Govt. Edu. Institution Tribunal & Anr) while the matter was remitted by this Court vide judgment dt.04/08/2009 back to the Tribunal, a limited issue remained to be considered only in regard to the seniority of respondent-Teacher but the Tribunal has exceeded in examining the order impugned on other facets as well, which was not the scope of inquiry while remitting the matter for adjudication.
Counsel for respondent-2 on the other hand submits that this fact was not brought to the notice that in May, 1994 when her services despite she held substantive post of Teacher, were terminated on account of one post of Teacher being abolished, while after few months later, one Smt. Laxmi Kanta Panwar who was Senior most Teacher stood retired in October, 1994 as a result whereof, one permanent post became available as such there could not have any justification for the Management of the institution to discontinue or terminate her services after permanent post having fallen vacant due to its holder having retired, which has also been taken note of by learned Tribunal vide judgment impugned herein.
After hearing the Counsel for parties, this Court considers it appropriate that the petitioner may reinstate respondent-Teacher in service in terms of the judgment dt.28/04/2010 (Ann.3) of the Tribunal impugned herein,; however, arrears to be computed under judgment impugned shall remain stayed till further orders.
In the light of above (supra), stay application stands disposed of.
(Ajay Rastogi), J.
K.Khatri/p2/
874Stay6943CW10Aug16AdmStyDs.do