Vikas Gupta vs Govt. Of Nct Of Delhi And Ors.
2006 Latest Caselaw 870 Del

JUDGMENT

S. Ravindra Bhat, J.

1. The Petitioner in these proceedings claims appropriate directions to the Respondents to ensure that he is permitted to report to duties in the Phool Chand Vaish Sr. Secondary School (hereafter 'the Respondent school').

2. The facts so far as they are not in dispute are that the Petitioner was appointed as Peon in the Respondent school on 1.1.1990; his services were regularized on 19.12.1990.

3. The society managing the school, by Resolution dated 8.5.2003 decided that the school will run in single shift instead of existing double shifts. This was informed by the Education Officer on 19.6.2003 and an intimation was also given that the Petitioner would be rendered surplus. Apparently this proposal had the approval of the Directorate; the Petitioner was accordingly relieved from services on 19.7.2003. He applied to the Department of Education, reporting for duties on 8.8.2003.

4. Interestingly the Education Officer on 11.9.2003 informed the school that in super-session of the earlier memorandum, the school ought to run in double shifts and the Petitioner should report back to it. It is alleged that the Petitioner applied, pursuant to the Order dated 9.10.2003 reporting back for duties. There is some controversy that the Petitioner actually sought for earned leave. It is also alleged that the Petitioner applied for rejoining the school in November but was not permitted to do so.

5. The management has filed an extremely prolix counter affidavit, that is voluminous, totalling about 300 pages. Learned counsel for the Petitioner submits that the first Respondent has to a large extent supported the case of the Petitioner. It is also averred that by an Order dated 1.12.2004 the Petitioner's services were adjusted in the Shafiq Memorial Sr. Sec. School, Bara Hindu Rao, Delhi.

6. Learned counsel Mr. Giri submits that the Petitioner had been victim of considerable harassment on account of the shifting stands adopted by the management as well as the Directorate. It is submitted that even though he reported for duties he was not permitted to join and that after 1.12.2004 though he reported to the new institution namely Shafiq Memorial Sr. Sec. School, Bara Hindu Rao, Delhi, in the absence of a relieving order that institution did not permit him to join the duties.

7. I have heard learned Counsel for the parties. Admittedly, the Respondent school is an aided institution which means that the first Respondent has the liability to make payment to the Respondent of 95% of the salaries and other allowances payable to the staff. Learned counsel for the Respondent school had during the course of hearing submitted that the society is willing to bear the 5% share towards the dues payable till 1.12.2004

8. In view of this submission and having considered the materials on record, the following directions are issued:

a) The Respondent No. 1 shall ensure that the Petitioner is given the necessary documents to enable him to report for duties in the Shafiq Memorial Sr. Sec. School, Bara Hindu Rao, Delhi as per its Order dated 1.12.2004 within two weeks from today. It shall ensure that the Petitioner is permitted to report for duties in that institution;

b). The Respondents shall make payments to the Petitioner in respect of his duties for the period up to 1.12.2004 in the respective proportions which has to be borne by them in accordance with the Delhi School Education Act. These amounts shall be paid to the Petitioner by the first Respondent with whom the Respondent management school shall deposit its 5% share, within a period of four weeks from today. The payment shall be released within four weeks. While doing so the third Respondent shall adjust the amounts already deposited/paid to the Petitioner after the Petitioner was initially declared surplus. It is made clear that Respondent No. 3 shall not be required to issue any separate document for the purposes of this order and the first Respondent shall ensure compliance without reference regarding the Petitioner's reporting to the third Respondent;

c) The first Respondent shall issue an appropriate order as to the liability for the payment of dues and the extent of dues payable to the Petitioner for the period 2.12.2004 till date after considering all the materials on record and the representations of the Petitioner. This shall be in the form of a speaking order to be issued within six weeks from today.

9. The writ petition is disposed off in the above terms. No costs. dusty to counsel for the parties.