Abhay Nath Jha v. Col. Satsangi Kiran Memorial Public School & ANR

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10372/2015 & CM 25961/2015 ABHAY NATH JHA ..... Petitioner Through:

Mr. Anuj Aggarwal, Advocate versus COL. SATSANGI KIRAN MEMORIAL PUBLIC SCHOOL & ANR .....Respondents Through:

Mr. Kishan Rawat, Advocate for respondent No.1 Mr. Devesh Singh, ASC (Civil) for respondent No.2

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 02.04.2018 The prayer made in this petition is to quash Memorandum/Chargesheet of 28th January, 2015 and to set aside letter/order of 23rd September, 2015 denying ACP, MACP and other benefits to petitioner. The third prayer made in this petition is to assign tutorial classes of Biology to petitioner and to include petitioner's name in the regular time-table of respondent-School.

Vide order of 6th November, 2015, notice has been issued in respect of second and third prayers made in this petition. The circumstances have changed after 6th November, 2015 as petitioner's service has been terminated and the termination order has been challenged by petitioner before the Delhi School Tribunal and the said appeal is said to be coming up for hearing on 2nd May, 2018. W.P.(C) 10372/2015

In the considered opinion of this Court, the second and third prayers made in this petition cannot be pursued as petitioner's service has been already terminated. It is made clear that if petitioner succeeds in getting the termination order set aside, then petitioner would have right to seek ACP, MACP and others benefits.

With aforesaid clarification, this petition and the application are disposed of.

(SUNIL GAUR) JUDGE APRIL 02, 2018 s W.P.(C) 10372/2015