MANAGEMENT/CHAIRMAN BALVANTRAY MEHTA VIDYA BHAWAN SENIOR SECONDARY SCHOOL AND ANR vs ANIL KUMAR AGGARWAL AND ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 09.12.2025 Judgment pronounced on: 12.12.2025 + W.P.(C) 10400/2016 & CM APPL. 40822/2016 MANAGEMENT/CHAIRMAN BALVANTRAY MEHTA VIDYA BHAWAN SENIOR SECONDARY SCHOOL AND ANR .....Petitioners Through: Mr. Anuj Aggarwal, Ms. Kritika Matta, Mr. Nikhil Pawar and Mr. Pradeep Kumar, Advs. versus ANIL KUMAR AGGARWAL AND ANR .....Respondents Through: Mr. Dhan Mohan, Ms. Tanisha Bhatia, Ms. Anjali Choudhary, Mr. Mohit Gupta and Mr. Akash Yadav, Advs. CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN JUDGMENT 1. This petition is filed seeking quashing of order of the Delhi School Tribunal (for short ‗The Tribunal‘) dated 29.09.2016. 2. The brief facts are that respondent no.1 (for brevity respondent) was appointed as TGT (Science) on 17.08.1982 and was promoted to post of PGT (Physics) on 25.10.2000. The respondent sought Voluntary Retirement from Service (for short ‗VRS‘) on 11.07.2013 with a request to be relieved w.e.f. 21.08.2013. The management committee in meeting held on 27.07.2013 accepted the request for VRS and curtailed the notice period. In November 2013, the retiral dues were paid to the respondent. Signature Not Verified Signed By:AWANISHW.P.(C) 10400/2016 Page 1 of 9 CHANDRA MISHRA Signing Date:12.12.2025 15:03:09 2.1 On 21.03.2014, respondent filed an application withdrawing the VRS. The application was rejected by the managing committee in meeting held on 16.04.2014. The decision was communicated to the respondent on 24.05.2014. 2.2 The respondent filed an appeal before the Tribunal on 29.09.2015 seeking reinstatement in service. The Tribunal passed the impugned order holding that the acceptance of the VRS of the respondent was in non-compliance of Section 8(2) of the Delhi School Education Act, 1973 (for sh