Rajni Vs. Rama Sewa
Samiti (Regd.) & ANR. [2008] INSC 1651 (26 September 2008)
Judgment
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 and Ors. - AIR 1976 (SC) 888, opined that
as the terms and conditions of the services 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 Governmentdoes not have any statutory
force.
{See: 249 - 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.
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