GURU HARKRISHAN PUBLIC SCHOOL vs DIRECTORATE OF EDUCATION & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 07.02.2026 Judgment delivered on: 23.02.2026 + W.P.(C) 9568/2015, CM APPL. 22582/2015, CM APPL. 4926/2016 & CM APPL. 41170/2022 GURU HARKRISHAN PUBLIC SCHOOL .....Petitioner versus DIRECTORATE OF EDUCATION & ANR. .....Respondents Advocates who appeared in this case: For the Petitioner : Mr. A.P.S. Ahluwalia, Senior Advocate with Mr. S.S. Ahluwalia and Ms. Rimpy Rohilla, Advocates. For the Respondents : Ms. Latika Chaudhary, Advocate and Mr. Suresh Chander, LA for DoE. Respondent no.2 in person. CORAM: HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT TUSHAR RAO GEDELA, J. 1. Present petition has been filed under Articles 226 and 227 of the Constitution of India, 1950 assailing the order dated 29.07.2015 passed by the learned Delhi School Tribunal (hereinafter referred to as ‘DST’) whereby the appeal bearing Appeal No.31/2013 filed by the respondent no.2/Sh. Babu Lal was allowed, and the office order dated 17.06.2009 vide which the promotion of respondent no.2 to the post of Office Superintendent was cancelled and acceptance of the resignation of respondent no.2 by the Sub-Committee of the petitioner school dated Signature Not Verified Digitally Signed By:YASHRAJ W.P.(C) 9568/2015 Page 1 of 31 Signing Date:23.02.2026 15:42:38 26.08.2010, was set aside and the respondent no.2 was reinstated with immediate effect alongwith consequential benefits. Further, the petitioner school was directed to decide and pass a speaking order on the representation of respondent no.2 regarding back wages. 2. Briefly, the facts stated in the petition are as under:- a) It is stated that the respondent no.2 had joined the petitioner school as a Peon on 05.07.1991 and was confirmed after completing the probation in the year 1992. In