IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5882 OF 2008
(Arising out of S.L.P. (C) No.10237/2007)
Rajni ...Appellant
Versus
Rama Sewa Samiti (Regd.) ..Respondents
& Anr.
O R D E R
Leave granted.
Appellant herein was an employee of the respondent No.1. It is a
privately managed school. The services of the appellant were terminated. She filed a
suit praying for a decree of reinstatement in service with back wages.
The said suit was dismissed by the learned trial judge by a
judgment and decree dated 22.7.2003. An appeal preferred thereagainst, however,
was allowed by the learned Additional District Judge by a judgment and decree dated
26.9.2003.
The High Court, however, by reason of the impugned judgment
has allowed the Second Appeal preferred by the respondents herein.
The High Court, in view of the decision of this Court in
Executive Committee of Vaish Degree College, Shamli and Ors. Vs. Lakshmi Narain
and Ors. – AIR 1976 (SC) 888, opined that as the terms and conditions of the services
-1-
of the appellant were not governed by any statute or statutory rules, no decree for
reinstatement of services could have been granted in view of Section 14(1)(b) of the
Specific Relief Act, 1963.
The High Court awarded a sum of Rs.20,000/- by way of
damages in favour of the appellant.
Learned counsel appearing on behalf of the appellant, however,
would draw our attention to the judgment of the learned District Judge wherein
Clause 4(2) of Appendix XXVII of the Code had been noticed, which reads as under:
“(2) Subject to the prior approval of the District Education Officer of the
District in which the school is situated the management of the school may terminate
the services of a teacher by giving him a notice for a period of three months or for a
period of less than three months as specified in the agreement referred to in Clause 1
above or by paying basic salary for the notice period, for any or more of the following
reasons:
XXX XXX XXX
XXX XXX XXX
XXX XXX XXX"
The High Court, however, in our opinion has rightly opined
that unless it is shown that the said Code has any statutory force, reinstatement of
services could not have been directed in view of Vaish Degree College’s case
(supra).
-2-
Such a Code which is a compendium of circular letters issued by
the Directorate of Education and/or the Department of Education of the Government
does not have any statutory force.
{See:
Sri Dwarka Nath Tewari & Ors.Vs. State of Bihar & Ors. – AIR 1959 (SC)
249
Bharat Sanchar Nigam Ltd. & Anr.Vs. BPL Mobile Cellular Ltd. & Ors.
– 2008 (8) SCALE 106 .
Despite opportunities granted, the learned counsel for the
appellant has failed to show that the conditions of services of the appellant were
governed by any statue or statutory rules.
In this view of the matter, there is no merit in this appeal. The
appeal is accordingly dismissed. There shall, however, be no order as to costs.
………………….J.
[S.B. SINHA]
…………………J
[ CYRIAC JOSEPH ]
New Delhi,
September 26, 2008.