CHOWGULE PUBLIC SCHOOL vs ANITA BHOLA & ORS.

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 29.01.2025 + W.P.(C) 917/2025, CM APPL. 4532/2025, CM APPL. 4533/2025 & CM APPL. 4534/2025 CHOWGULE PUBLIC SCHOOL ..... Petitioner Through: Ms. Tamali Wad, Sr. Advocate with Mr. Sameer Abhyankar, Ms.Ayushi Bansal and Mr. Aakash Thakur, Advocates versus ANITA BHOLA & ORS. ..... Respondents Through: Mr. Anuj Aggarwal, Ms. Kritika Matta and Mr. Pradeep Kumar, Advocates for R-1 Mr.Yeeshu Jain, ASC with Ms.Jyoti Tyagi, Advocate for R-3 CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL) 1. The petitioner-School has filed this petition, under Article 226 of the Constitution, challenging an order of the Delhi School Tribunal dated 05.12.2024, by which delay in filing of an appeal by the respondent No. 1 has been condoned. 2. The petitioner-School is a recognized private unaided linguistic minority school, established by the Maratha Mitra Mandal – respondent No.2 herein. Respondent No. 1 was appointed as a Trained Graduate Teacher [“TGT”] (Computer Science) in the petitioner-school in the year 1991, and confirmed in the year 1992. She was subsequently promoted to Signature Not Verified Digitally Signed W.P.(C) 917/2025 Page 1 of 9 By:SHITU NAGPAL Signing Date:01.02.2025 15:31:01 PGT (Computer Science) in the year 1998 and granted senior scale with effect from 01.09.2014. 3. By a communication dated 01.03.2021, the petitioner purported to convey a decision of its Executive Committee stating that respondent No.1 “will be retiring w.e.f.-01.04.2021”. It is the admitted position that respondent No.1 would have attained the age of superannuation a few months later, i.e., on 31.07.2021. However, the petitioner cited the financial status of the school and the issue of funds requirement, as justification. The cop