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7) Factual matrix of the case is that the petitioners (respondent Nos. 1 to 49 herein) preferred a writ petition against the appellant as well as against respondent nos. 52 to 55. The petitioners have contended that the Institute of brothers of St. Gabriel province of Delhi is a society registered under the Society's Registration Act XXI of 1860. The aforesaid society in alliance with Bengal Engineering Group (BEG) Benevolent trust Roorkee- a trust created, funded and managed by Bengal Engineering Group (BEG & Centre) started to run a school at Roorkee named as Bengal Sappers St. Gabriel's Academy Roorkee in the year 1967. The said school is permanently affiliated to the C.B.S.E. New Delhi. An agreement was executed in this regard between the Society and Bengal Engineering Group Benevolent Trust, Roorkee on 13.07.1967. As per the terms of agreement, the building and land were leased in favour of the Society initially for a period of 30 years till 20.04.1997. After the expiry of 30 years, i.e., 20.04.1997, the lease was further extended for a period of 15 years, which ultimately came to an end in March 2012.

8) When it was a joint venture of school management of Institute of Brothers of St. Gabriel and Bengal Engineering Group (BEG) Benevolent trust Roorkee it was within a joint control of management of Institute of Brothers of St. Gabriel and Bengal Engineering Group (BEG) Benevolent trust Roorkee and others. The Bengal Engineering Group (BEG) Benevolent Trust Roorkee was created to join the hands with the Institute of Brothers of St. Gabriel to run the school for the benefit of children of Army personnel as well as for the local children. The Deputy Commandant, Bengal Engineering Group and Centre Roorkee wrote a letter on 26.04.2010 to the Bengal Sappers St. Gabriel's Academy Roorkee about the policy decision taken by the Bengal Engineering Group Benevolent Trust that it is not renewing the agreement dated 27.04.1997 and has decided that from 01.04.2012 i.e. the academic year 2012-2013 onwards, the Institute of Brothers of St. Gabriel will not remain associate with it. The agreement with the Institute of Brothers of St. Gabriel was not renewed and the Deputy Commandant, Bengal Engineering Group and Centre, who is de facto Chairman of the Bengal Engineering Group Benevolent Trust vide letter dated 28.02.2012 addressed to the Brothers of St. Gabriel terminated the services of entire teaching as well as administrative (non-teaching) staff.

12) Admittedly, an agreement between the Institute of brothers of St. Gabriel and Bengal Engineering Group (BEG) Benevolent Trust Roorkee was executed long back in the year 1967, which was renewed in 1997, to run the Institute till March 2012, but subsequently the Bengal Engineering Group (BEG) Benevolent Trust Roorkee declined to continue as a partner with Institute of brothers of St. Gabriel, though the Institute of brothers of St. Gabriel did not contest the matter and peacefully decided to say goodbye to the school.

The Commandant or the Deputy Commandant has no individual or personal capacity. Deputy Commandant has discharged his duties as de facto Chairman of the Bengal Engineering Group and Benevolent Trust (hereinafter referred to as Benevolent Trust). The Deputy Commandant has no independent power being an ex officio of the Benevolent Trust. The Deputy Commandant cannot work arbitrarily. Since the appellant and respondent Bengal Engineering Group Benevolent Trust were party and same relief was granted, the Bengal Engineering Group Benevolent Trust has not chosen to file the Special Appeal against the impugned judgment and order passed by learned Single Judge. It is true that the appellant being a Society has preferred this Special Appeal, but it was the decision of respondent no. 51 to issue letter dated 28.02.2012 (copy Annexure 6 to the writ petition). The service conditions of the teaching staff and non-teaching staff, which were continuing before terminating the legality of Institute of Brothers of St. Gabriel and taking over the entire management of the Institution by the Bengal Engineering Group Benevolent Trust. The learned Single Judge has considered elaborately that the Benevolent Trust cannot change the service condition unilaterally and convert the regular services of the teaching and non-teaching staff and to issue ad hoc appointments to them. The appeal has been preferred by Army Welfare Education Society, whereof the institution was a joint venture of Brother of St. Gabrial and Bengal Engineering Group Benevolent Trust. The appellant may be an apex body (society) running the Army Schools throughout the country, but it cannot escape from the noble idea of creating Bengal Engineering Group Benevolent Trust for imparting education. Service benefits and status of the employee / employees could not be reduced without assigning sound reasons by the employer and without affording opportunity of hearing to them. We are also of the view that the services of the teaching and non- teaching staff cannot be changed from regular services to ad hoc services.