- (1.) THE judgment and order dated 13.12.2013 passed in S.B.Civil Writ Petition No.15264/2011 directing payment of a lump sum of Rs.9,00,000/ - to the appellant by the respondents herein, in lieu of his reinstatement in service with consequential service entitlements as due to him, forms the subject matter of impeachment in the instant appeal.
(2.) WE have heard Ms.Kavita Bhati, learned counsel for the appellant. The pleaded facts reveal that the appellant herein was appointed as Maths Teacher (PGT) with the respondent -School on probation for a period of nine months by office order dated 26.7.1989, subject to the terms and conditions contained therein. The initial term of appointment, as adverted to hereinabove, was extendable for another period of one year or less, subject to rendition of satisfactory performance and institutional needs. The terms and conditions referred to in the appointment order inter alia predicated that the service was liable to be terminated by one month's notice or salary in lieu thereof on either side, if the same was no longer required. Needless to say, the appellant accepted the appointment, subject to the terms and conditions, as aforestated.
(3.) BE that as it may, by order dated 8.8.1991, services of the appellant were terminated on the ground that his Postgraduate Degree in M.Sc.(Maths) from Mithila University, Darbhanga (Bihar) was not recognized as per the notification issued by the University Grants Commission (for short, hereafter referred to as 'UGC') and acted upon by the Central Board of Secondary Education (for short, hereafter referred to as 'CBSE'). His services were terminated thereby w.e.f.8.8.1991, and his salary upto that date, alongwith one month's salary, in lieu of one month's notice, was also offered. Being aggrieved, the appellant filed an appeal before the Rajasthan Non Government Educational Institutions Tribunal (for short, hereafter referred to as 'the Tribunal') under Section 19 of the Rajasthan Non Government Educational Institutions Act, 1989.;