Rajasthan Non Government Education Institution Tribunal,

Rajsthan

Jaipur

Application no. …………………

Ram Avtaar Sharma, teacher, 205, Indra Colony, Alwar

Vs.

Arya kanya vidhayala samiti, Alwar, Swami Dayanand Marg, Alwar

Appeal under section 19 of Rajasthan Non Government Education

Institution Act, 1989

And

Illegal and irrelevant decision of the Respondent

Lordship,

Applicant is pleased to appeal under :-

1. That, the Respondent school is authorised under section

2(i) of Rajasthan Non Government Education Institution
Act, 1989, whose management is controlled and regulated
by school management committee.
2. That, the Respondent school is a senior secoundary
school authorised under Rajasthan Non Government
Education Institution Act, 1989 and appoints 2nd grade
teacher as a teaching staff for class 9 to 12.
3. That the Applicant completed his B.Sc in the year 1987
with 2nd division. In 1990 he completed his B.Ed from
Ajmer University with 2nd devision. After completing the
degree the Applicant become eligible for the post of a
2nd grade teacher.
4. That, the Applicant was appointed on the post of 2nd
grade teacher on 11.07.1991 and is working on a
continuous basis with the school.
5. That, the Applicant was selected on the post of
temporary teacher on 11.05.1991 as there were vacancy in
the Respondent school.
6. That, the Applicant was initially appointed as a teacher
on temporary basis and his tenure was extended on yearly
basis till 1995.
7. That, the Applicant is the sole working member of the
family and is a low wage earner.
8. That the Applicant was serving the school with all hard
work and honesty and the Applicant never received any
complain regarding his behaviour, attitude, work and on
his teaching ability and style.
9. That the Applicant served the school as a teacher and
was liable to receive salary of a 2nd grade teacher
according to 2nd grade teacher salary no. 1400-2600 (
scale no. 12).
10. That the Respondent school is a state authorised school
and that all the authorised schools are complied to
follow the rules and regulation made by the Rajasthan
state govt. on matters relating to salary of teachers,
their appointment and also termination in the state.
11. That the Respondent school have violated the rules and
regulations of the state govt. and didn’t pay the
Applicant adequately and was terminated from his job on
illegal and irrational grounds.
12. That the Respondent school misused the conditions of the
Applicant and only paid Rs. 700 as annual salary in the
year 1991-1992, Rs. 855 as annual salary in the year
1992-1993, Rs. 1000 as annual salary in 1993-1994 and
Rs. 1100 as annual salary in the year 1994-1995.
13. That the termination given to the Applicant was against
section 18 of Rajasthan Non Government Education
Institution Act, 1989.
14. That the Applicant claims the arrears of his salary and
rejoining the institution as a permanent faculty for the
time left in his service.
15. That the Applicant was not paid for the emergency
holidays which he was liable to receive.
16. That the Applicant was terminated without any prior
notice and without proper reason and that the Applicant
should be allowed to rejoin the school.
17. That, the termination notice given by the school is
illegal and is against the provisions of Rajasthan Non
Government Education Institution Act, 1989.
18. That, the Applicant was working in the school for more
than 20 years without any termination and any
Allegation.
19. That, on 19.05.1997 an order was passed by the Rajasthan
Non Government Education Institution Tribunal which
ordered the Respondent school to admitted the Applicant
as a teacher and considers his name for permanent
teacher whenever vacancy arose.
20. That, on 24.07.1998 the Respondent school in a letter
asked the Applicant to come with required papers for the
post of senior teacher and being in service for more
than a period of 20 years implies that the application
was accepted by the school.

21. That the notice given by the Respondent school is

illegal and is not in compliance with the Rajasthan Non
Government Education Institution Act, 1989 due to
following reason:-
I. That the applicant was serving the school for more than
20 years without any interruption in his service but on
 15.11.2017 he as handed over with a notice of
termination of his job without any prior notice and not
in compliance with the rules and regulation of
Rajasthan Non Government Education Institution Act,
1989
II. That since the Respondent school accepted his service
for 20 years and that he was considered for the
position of senior teacher by the school in the year
1998.
III. That the school in the term of 20 years never stated
that the Applicant was working as a temporary teacher.
IV. That the Applicant worked for the respondent school
with all his efforts and honesty and that there was no
complain against the Applicant when he was serving the
school as a teacher and hence there is no reason for
termination on this basis .
V. That the school is authorised by Rajasthan Non
Government Education Institution Act, 1989 , the
Respondent school cannot terminate before the age when
there is no complain against the Applicant.

22. That the respondent school didn’t comply with the notice
given by Rajasthan Non Government Education Institution
Tribunal on considering applicant for the post of
permanent teacher.
23. That from the date of notice of termination i.e.
15.11.2017 the Applicant is unemployed and is not
working or is indulge in any job. Applicant is an
unemployed person who has responsibility of his family
and without any job it is very difficult for survival.
24. That other pleadings will be made before the honourable
court.
 PRAYER

Please accept the prayer from applicant:-

1. That the termination letter by the Respondent school

should be declared null and void and that the applicant
should be restored his job and salary.
2. That the Respondent school should be ordered to give
applicant permanent job of teacher in the school and that
salary should be given according to the norms and rules
and regulations made by state government.
3. That the court must order the respondent school not to
initiate any internal inquiry or punishment against the
applicant as a way of retaliation.
4. Any other relief which the honourable court might fit
correct.

JAIPUR APPLICANT

DATE RAM AVTAAR SHARMA