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1999 DIGILAW 210 (RAJ)

Anila Mathur v. Raj. Non

1999-02-18

J.C.VERMA

body1999
JUDGMENT 1. - All these matters involving the similar question of law as the impugned order dated 2.2.99 has been challenged in these writ petitions, therefore, the writ petitions are being decided by a common order. 2. As many as 20 persons were removed from the service by the respondent institution i.e. Tagore Vidhya Bhawan, Bani Park, Jaipur, vide order dated 5th December 1998 which came into effect on 11.12.1998. On receipt of such order the petitioner had approached the Rajasthan Non Government Educational Institution Tribunal under Section 19 of the Rajasthan Non Government Educational Institution Act, 1989, challenging the order of termination. The petitioner had also filed an application for interim injunction against the order of the termination. Amongst other grounds the petitioner has assailed the order of termination on the ground that the Secretary of the Managing Committee had passed an order of termination, who had not jurisdiction to pass such order. It was also submitted that even the State Educational Authorities had informed the respondent Management School that without any approval of the authorities concerned, the service of the employees cannot be dispensed with. However, after going through the various aspects of the case, the Tribunal had come to a finding that it was not a fit case for granting the interim injunction and therefore, the interim injunction was refused vide the impugned order dated 2.2.99. The petitioner has approached this Court in the present petition against the order of declining the interim injunction by the Tribunal. 3. The attack is being made on the similar ground as has been made in the Tribunal. May it be so that the petitioner is having a very sound case for the purpose of setting-aside the order of termination but at present in the circumstances that the petitioner is already out of the employment and have been relieved in the Month of December 1998, No interference is called for in the order of declining the interim injunction by the Tribunal. However, it is a fit case where a direction is required to be given to the Tribunal to decide the case finally within a period of two months from the date of receipt of certified copy of this order. However, it is a fit case where a direction is required to be given to the Tribunal to decide the case finally within a period of two months from the date of receipt of certified copy of this order. The Tribunal will see that the agony of the Teachers of the institution be not prolonged any further by way of the delaying tactics which may be adopted by the parties in litigation. In case reply has not been filed, the Tribunal will see that the reply be filed without any further delay and the case be fixed up and be decided finally within two months. 4. With the above said observations, the writ petition is dismissed.Writ Petition Dismissed. *******