VERMA, J. - (1.) THE petitioner was appointed as Teacher Gr. III on ad hoc basis in the Army School Jaipur Cant. , Jaipur on 1. 11. 95 in the pay scale of Rs. 1400-2600 and DA as admissible, vide order dated 1. 11. 1995 (ann. 1 ). It was mentioned in the annexure-1 that her service conditions shall be governed by the terms and conditions as laid down in the Army Welfare Education Society Rules and Regulations of Army School. THE school is affiliated to the Central Board of Secondary Education New Delhi.
(2.) AS per written statement filed by respondent the school has been established by the Army Welfare Education Society (herein after to be called as `awes') keeping in mind the needs of the defence personnel and the nature of their services. It was realised at the higher levels that occupational constraints result in disruption and of then neglected education of children of defence personnel, hence Army School were borne to provide sound educational facilities to them. It is stated that there are 108 branches of Army School through out the country and inter school transfer facilities are provided to students. Army School Jaipur Cant. is one of the links in this chain. Army Schools are non commercial welfare institutions and are extending the same facilities to the children of civilians also. It is submitted that the AWES society is a registered society under the Societies Registration Act XXI of 1960 with the Registrar of Societies, Delhi Administration as Certificate No/513459 dated 29. 4. 1983 for the purpose of establishing and running Army Schools at stations recommended by the commands. It is stated that the school is governed under three tire command and control system which is:- (i) Board of Governors and its Executive committee at Army Headquarters; Board of Administration at Headquarters Command; and (iii) Managing Committee at Station where the School is located. The School administration is in the hands of a highly competent and qualified managing Committee which comprises of the following:- Patron - GOC in C Southern Command. GOC 12 corps Chairman - Commander, Headquarters 61 (Independent) Sub Area. Members - Chief Engineer, Jaipur - Colonel, General Staff, Headquarters 61 (Independent) Sub Area - Administrative Commandant, Station Headquarters, Jaipur - Commanding Officer, Military Hospital, Jaipur - Additional Director, Electrical & Mechanical Engineers - Principal, Kendriya Vidyalaya No. 4 - Staff Officer-2 (Education), Headquarters 61 (Independent) Sub Area - Two Parents of the students of the School - Two teachers of the School - Principal - The Principal, Army School is also the secretary of the School. The Board of Governors is the governing body which lay down policy, guidelines for the management and functioning of the institutions. The Governing Body consists of the under mentioned officers and any other person nominated by the Chairman or elected by the Governing Body:- a) Chairman - Adjutant General b) Members - Engineer in Chief, director General, Discipline and Ceremonial welfare, Director General, Military Training, Signal Officer in Chief, Director General, Ordinance Services, Director General Electrical & Mechanical Engineers, Director General, Supply & Transport, Dy. Quarter Master General, Addl. Director General, Ceremonial & Welfare, Judge Advocate General, Dy. Director General Welfare, New Member. c) Member Secretary - Secretary, Army welfare Education Society. The petitioner was given the revised pay scale w. e. f. 1. 8. 97 even though the petitioner was continuing in the school since 14. 12. 95 and she was also informed that she would entitled for the medical allowance w. e. f. 1. 8. 98.
(3.) THE petitioner had given birth to a body girl on 15. 6. 99, i. e. during the vacation. She proceeded on maternity leave w. e. f. 1. 7. 99. Only because of the reason that she had proceeded on maternity leave, the respondents terminated the service of petitioner w. e. f. 5. 7. 99 vide letter dated 10. 8. 99 (ann. 8 ). She represented that she had applied for the maternity leave on 26. 6. 98 w. e. f. 5. 7. 99, well in advance. It is stated even though the petitioner was temporary, but in any case, her serving could not be terminated because of the reason that she had applied for the maternity leave. Her representation was rejected vide order dated 7. 9. 99 (ann. 10) by Lt. Col. , Secretary of Army School, Jaipur on behalf of the Chairman. The petitioner approached the Rajasthan Non Government Educational Institute, Services Tribunal, Jaipur by filling the appeal, but the appeal of petitioner was dismissed on the ground that she had approached the Tribunal at a delayed state. In the written statement filed by respondents even though the facts of the writ petition are admitted but the objection is being taken that the respondent is not a `state' and only a registered Society and that the petitioner was a temporary employee, therefore, she was not entitled to the benefit of maternity leave. Even though she applied for the maternity leave before proceeding on leave, but the application could not be accepted as the maternity leave is available only to the permanent employee. ;