Supreme Court - Daily Orders
Durgabai Deshmukh Sec. School vs J.A.J. Vasu Sena on 1 February, 2019
Bench: D.Y. Chandrachud, Hemant Gupta
1
ITEM NO.7 COURT NO.11 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 40804/2018
(Arising out of impugned final judgment and order dated 07-05-2018
in LPA No. 17/2018 passed by the High Court Of Delhi At New Delhi)
DURGABAI DESHMUKH MEMORIAL SR.
SEC. SCHOOL & ANR. Petitioner(s)
VERSUS
J.A.J. VASU SENA Respondent(s)
(IA No.6780/2019-CONDONATION OF DELAY IN FILING and IA
No.6782/2019-CONDONATION OF DELAY IN REFILING )
Date : 01-02-2019 This petition was called on for hearing today.
CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
HON'BLE MR. JUSTICE HEMANT GUPTA
For Petitioner(s)
Mr. Yashobant Das, Sr. Adv.
Mr. Rajesh Srivastava, AOR
Mr. Hanu Bhaskar, Adv.
Ms. Suresh Kumari, Adv.
Ms. Shubhangi Rathore, Adv.
For Respondent(s)
Mr. D. Rama Krishna Reddy, Adv.
Ms. Vidyottma, Adv.
Ms. Gitanjali N. Sharma, Adv.
Mrs. D. Bharathi Reddy, AOR
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
The submission which has been urged on behalf of the Signature Not Verified petitioners is that Rule 105 of the Delhi School Education Rules, Digitally signed by MANISH SETHI Date: 2019.02.02 14:05:54 IST Reason: 1973, does not envisage a deemed confirmation of the services of a probationer. Sub-Rule (2) of Rule 105 provides that if the services 2 of the probationer are satisfactory, a confirmation will be issued on the expiry of the period of probation or the extended period.
In the present case, it has been submitted that there was no confirmation and hence the High Court was in error in concluding that there is a deemed confirmation in service. Reliance has been placed on a judgment of a Division Bench of the Delhi High Court in Dy. Director of Education & Anr. vs. Veena Sharma1.
Issue notice.
Learned counsel appearing on behalf of the first respondent accepts notice. Liberty to serve the Standing Counsel appearing on behalf of the Government of NCT of Delhi.
Dasti service, in addition, is permitted. Counter affidavit, if any, shall be filed within a period of four weeks from today.
Rejoinder affidavit, if any, shall be filed within two weeks thereafter.
List for final disposal on 16 April 2019.
In the meantime, there shall be a stay of the impugned judgment of the High Court dated 7 May 2018.
(MANISH SETHI) (SAROJ KUMARI GAUR) COURT MASTER (SH) BRANCH OFFICER 1 (2010) 175 DLT 311 (DB)