VEDA VYASA DAV PUBLIC SCHOOL vs DEVENDER KUMAR ARYA & ANR.

Judgment text excerpt

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 28th JULY, 2025 IN THE MATTER OF: + LPA 463/2025 & CM APPLs.43555-58/2025 VEDA VYASA DAV PUBLIC SCHOOL .....Appellant Through: Mr. Anurag Lakhotia and Mr. Udit Dwivedi, Advocates. versus DEVENDER KUMAR ARYA & ANR. .....Respondents Through: CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE SAURABH BANERJEE JUDGMENT (ORAL) 1. The Appellant seeks to challenge the Judgment dated 12.12.2024 passed by the Ld. Single Judge in W.P.(C) 5551/2018. 2. Short of unnecessary details, facts leading to the filing of the present appeal are that Respondent No.1 herein was appointed as an Assistant Teacher in the Appellant/School w.e.f. 10.07.1996 and subsequently as TGT vide Letter dated 28.05.2001. It is stated that Respondent No.1 tendered his resignation on 28.11.2016, which he later sought to withdraw vide letter dated 12.01.2017. In response the Appellant sent the reply to the Respondent No.1 on 15.02.2017 stating that the acceptance of resignation has already been made and later, the Respondent No.1 was relieved by the Appellant vide Order dated 28.02.2017. Respondent No.1 challenged the said Signature Not Verified Digitally Signed LPA 463/2025 Page 1 of 6 By:SHAZAAD ZAKIR Signing Date:29.07.2025 19:18:59 Relieving Order dated 28.02.2017 before the Delhi School Tribunal (DST), Timarpur, (hereinafter referred to as “Tribunal”) by filing an appeal being Appeal No.90/2017. The Tribunal vide Order dated 09.03.2018 set aside the Relieving Order dated 28.02.2017, on the sole ground that the Relieving Order had been passed by the Appellant without the approval of the Director of Education, which is in violation of Rule 114(A) of the Delhi School Education Rules, 1973 (‘DSER, 1973’), which was inserted by DSE(