Valmiki J. Mehta JUDGMENT
Valmiki J. Mehta, J.
1. By this writ petition under Article 226 and Article 227 of the Constitution of India, the petitioner impugns the order of the Delhi School Tribunal dated 19.9.2007, by which the Delhi School Tribunal dismissed the appeal filed by the petitioner against the termination of her services by the respondent no. 1/school's letter dated 4.5.2007. This letter reads as under:-
"S.K.SHARMA
PRINCIPAL (SW)
Ref. No. SOPS/BMVB-SMA/Personnel-AG/2007-08/24 Dated: 4.5.2007
Mrs. Aradhana Goel
Assistant Teacher (Special Educator)
126/7, Sector-1,
Pushp Vihar
New Delhi-110017
SUB: Notice for Discontinuation of Services.
Madam,
1. Reference is made to your appointment letter dated 15.07.2006 issued to you and terms and conditions agreement duly signed by employee and employer.
2. Despite repeated requests by Admin. Staff you had not submitted the Medical Certificate at the time of joining in the month of July 2006 which was required to be submitted within one week of joining the duties. As a good gesture the school kept on giving you the monthly salary even on non- submission of Medical Certificate. After personal intervention of the under signed you submitted the medical certificate on 20.12.2006. It does not speak very high of you as you are in a noble profession of teaching. You were granted maternity leave from 23.12.2006 to 30.4.2007.
3. As per the terms of appointment letter as quoted above, this letter will be treated as one month's prior notice before discontinuation of your services. Please note that your services are not required after one month from date of issue of this letter.
4. You are advised to take clearance from various department of school and receive your entitlements.
5. Please acknowledge the receipt.
Thanking you,
Yours sincerely
Sd/-
(S.K.SHARMA)
PRINCIPAL-SW
2. It is seen that the petitioner was appointed as a probationer with the respondent no. 1/school by the letter of the respondent no. 1 dated 15.7.2006 i.e just about a year before the termination of services. This letter dated 15.7.2006 reads as under:-
"S.C.BAHRI
Gp. Capt. (Retd.)
DIRECTOR-cum-MANAGER
No. SOPS/BMVB-ASMA/IEDC/Personnel/2006-07/
Dated: 15.07.2006
OFFER OF APPOINTMENT
The Chairman, School Managing Committee is pleased to appoint Mrs. Aradhana Goel in the full pay scale of Rs. 4500-125-7000 per month w.e.f. 1st July 2006 on a probation period of one year as an Assistant Teacher (Special Educator) in the Special Wing of this School.
2. You are required to sign the requisite Undertaking, Consent and Agreement on receipt of this letter.
3. You can leave the services after giving one month's notice or one month's salary in lieu of the same.
4. The Management can terminate his services after giving one month's notice or one month's salary in lieu of the same. Please note your services can be terminated after 31st March 2007 if your services are not found satisfactory. Please acknowledge the receipt of this letter and sub. illegible
Sd/-
(S.C.BAHRI)
GP. Capt. (Retd.)
DIRECTOR-cum-MANAGER
Sd/- Mrs. Aradhana Goel
Assistant Teacher (Spl. Ed.)
BRMVBASMA
Gk II New Delhi-110048
Copy To:-
The Acctts. Deptt. For Information and necessary action."
3. In view of the above, it is seen that the termination of employment of the petitioner was during the probationary period, and dehors any other aspect which is in issue, it is settled law that it is the employer who has to judge the suitability of the services of a probationer and this Court c........