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

-1-

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).  

-2-

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.