IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5882 OF 2008
(Arising out of S.L.P. (C) No.10237/2007)
Rajni ...Appellant
Versus
Rama Sewa Samiti (Regd.) ..Respondents
& Anr.
O R D E R
Leave granted.
Appellant herein was an employee of the respondent No.1. It is a privately managed school. The services of the appellant were terminated. She filed a suit praying for a decree of reinstatement in service with back wages.
The said suit was dismissed by the learned trial judge by a judgment and decree dated 22.7.2003. An appeal preferred thereagainst, however, was allowed by the learned Additional District Judge by a judgment and decree dated 26.9.2003.
The High Court, however, by reason of the impugned judgment has allowed the Second Appeal preferred by the respondents herein.
The High Court, in view of the decision of this Court in Executive Committee of Vaish Degree College, Shamli and Ors. Vs. Lakshmi Narain and Ors. - AIR 1976 (SC) 888, opined that as the terms and conditions of the services of the appellant were not governed by any statute or statutory rules, no decree for reinstatement of services could have been granted in view of Section 14(1)(b) of the Specific Relief Act, 1963.
The High Court awarded a sum of Rs.20,000/- by way of damages in favour of the appellant.
Learned counsel appearing on behalf of the appellant, however, would draw our attention to the judgment of the learned District Judge wherein Clause 4(2) of Appendix XXVII of the Code had been noticed, which reads as under:
"(2) Subject to the prior approval of the District Education Officer of the District in which the school is situated the management of the school may terminate the services of a teacher by giving him a notice for a period of three months or for a period of less than three months as specified in the agreement referred to in Clause 1 above or by paying basic salary for the notice period, for any or more of the following reasons:
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX"
The High Court, however, in our opinion has rightly opined that unless it is shown that the said Code has any statutory force, reinstatement of services could not have been directed in view of Vaish Degree College's case (supra).
Such a Code which is a compendium of circular letters issued by the Directorate of Education and/or the Department of Education of the Government does not have any statutory force.
{See: Sri Dwarka Nath Tewari & Ors.Vs. State of Bihar & Ors. - AIR 1959 (SC) 249 Bharat Sanchar Nigam Ltd. & Anr.Vs. BPL Mobile Cellular Ltd. & Ors. - 2008 (8) SCALE 106 .
Despite opportunities granted, the learned counsel for the appellant has failed to show that the conditions of services of the appellant were governed by any statue or statutory rules.
In this view of the matter, there is no merit in this appeal. The appeal is accordingly dismissed. There shall, however, be no order as to costs.
......................J.
[S.B. SINHA]
.....................J [ CYRIAC JOSEPH ]
New Delhi,
September 26, 2008.