Delhi High Court
Prem Kumar & Ors. vs Ndmc on 24 July, 2008
Author: Pradeep Nandrajog
* IN THE HIGH COURT OF DELHI
+ W.P.(C) 4826/2002
PREM KUMAR & ORS. ..... Petitioner
Through: Mr.Rajiv Garg, Adv.
versus
N.D.M.C. ..... Respondent
Through: Ms.Jyoti Singh, Adv. with
Mr.Ankur Chibber, Adv.
RESERVED ON:
22.07.2008
DATE OF DECISION:
% 24.07.2008
CORAM:
Hon'ble Mr.Justice Pradeep Nandrajog
1. Whether reporters of local papers may be allowed
to see the judgment?
2. To be referred to the Reporter or not?
3. Whether judgment should be reported in Digest?
: PRADEEP NANDRAJOG, J.
1. For linking education to productivity, by enhancing
individual employability with emphasis on improving the
productive skills of young students of Senior Secondary
Schools, a scheme named 'Educational Vocation Guidance' was
framed by the Government of India in the year 1990-91 with
the prior approval of the Planning Commission.
2. The scheme envisaged imparting vocational skills to
WP(C) 4826/02 page 1 of 7
students. Obviously, teachers had to be put in place to impart
the vocational skills.
3. The scheme was introduced in many government
schools in Delhi.
4. On 7.8.1990, the New Delhi Municipal Committee
(NDMC) considered the agenda item which was circulated vide
resolutions (date unknown). The resolutions adopted have
been annexed as Annexure P-2. The authenticity whereof is
not in dispute. It adopted the Educational Vocation Guidance
Scheme.
5. Inter alia, the committee resolved, vide item No.5,
to create posts of part-time vocational teachers.
Simultaneously, vide item No.6, the recruitment rules for the
posts were approved.
6. It was recorded in the resolutions that necessary
budget has been sanctioned for the posts.
7. It was simultaneously resolved that process be
initiated to fill up the posts as per the recruitment rules.
8. By way of a public advertisement dated 26.9.1991
applications were invited to fill up the posts clearly indicating
to the candidates that the applications were invited for post of
vocational teachers on 'part-time basis'. It was intimated that
the emoluments which would be paid would be Rs.50/- per
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hour for theory classes and Rs.25/- per hour for practical
training.
9. The select committee was constituted which
subjected the applicants to the requisite test resulting in
petitioners being appointed as vocational stenography
teachers.
10. Rather than issuing appointment letters recording
that petitioners were appointed as vocational teachers on part
time basis the department resorted to contract term
appointments resulting in the petitioners feeling insecure for
the reason they had to run from pillar to post each year to
continue their employment.
11. Petitioners continued to work as part-time teachers
till the year 2002 when instant petition was filed praying that
services of the petitioners be regularized. Petitioners state
that having been appointed against permanent vacancies after
undergoing the selection process and having worked under
NDMC for 10 years, they are entitled to be permanently
appointed as teachers.
12. In the counter affidavit filed it is stated that the
petitioners were appointed on contractual basis and since no
posts were sanctioned, petitioners can have no claim for
regularization.
WP(C) 4826/02 page 3 of 7
13. At the hearing held on 22.7.2008, learned counsel
for NDMC stressed on the point that the petitioners cannot be
appointed as permanent teachers.
14. Unfortunately, NDMC has not comprehended the
nature of the petition and appears to be coloured by the
request of the petitioners to be treated as regular teachers. It
appears that the NDMC is labouring under an impression that
the regularization of the petitioners against permanent
vacancies would render them akin to teachers working in
regular schools established by the Council.
15. It has to be noted that the posts which were
sanctioned were not of teachers as conventionally understood
but were of vocational teachers, further recording that the post
would be of 'part-time vocational teachers'. Thus, any person
who claims a right to be appointed to the post can have a
status no more than that of a part-time vocational teacher.
16. On the issue of regularization, suffice would it be to
state that the petitioners can seek no more other than
permanency in their appointment.
17. In this connection it has to be noted that NDMC
created posts of part-time vocational teachers and framed
recruitment rules thereto. It is an admitted fact that by way of
a public advertisement applications were invited from eligible
WP(C) 4826/02 page 4 of 7
candidates by notifying the eligibility norm as per the
recruitment rules. It is important to note that candidates were
informed that the department was intending to fill up the post
of vocational teachers on part-time basis.
18. The process of selection was undergone by the
petitioners and all those who had submitted their applications
for appointment were considered. Thus, process of selection
was followed.
19. The decision of the Hon'ble Supreme Court reported
as 2006 (4) SCC 1 Secretary, State of Karnataka & Ors. vs.
Umadevi & Ors. be noted. In para 53 it was observed as
under:-
"53. One aspect needs to be clarified. There
may be cases where irregular appointments (not illegal
appointments) as explained in S.V.Narayanappa,
R.N.Nanjundappa and B.N.Nagarajan and referred to in
para 15 above, of duly qualified persons in duly
sanctioned vacant posts might have been made and
the employees have continued to work for ten years or
more but without the intervention of orders of the
courts or of tribunals. The question of regularization of
the services of such employees may have to be
considered on merits in the light of the principles
settled by this Court in the cases above-referred to
and in light of this judgment. In that context, the
Union of India, the State Governments and their
instrumentalities should take steps to regularize as a
one-time measure, the service of such irregularly
appointed, who have worked for ten years or more in
duly sanctioned posts but not under cover of orders of
the courts or of tribunals and should further ensure
that regular recruitments are undertaken to fill those
vacant sanctioned posts that require to be filled up, in
WP(C) 4826/02 page 5 of 7
cases where temporary employees or daily wagers are
being now employed. The process must be set in
motion within six months from this date. We also
clarify that regularisation, if any already made, but not
sub judice, need not be reopened based on this
judgment, but there should be no further bypassing of
the constitutional requirement and regularizing or
making permanent, those not duly appointed as per
the constitutional scheme."
20. It has to be noted that in the instant case the
petitioners were selected after undergoing the process of
selection and the appointment was made against duly
sanctioned posts of part time vocational teachers.
21. I see no reason why petitioners should be required
to sign any document recording that their appointment is on
contract basis for a period of one year.
22. It needs hardly any clarification that the
permanency in the employment of the petitioner under the
respondent has not to be as akin to a full-time teacher. The
permanency has to be as a vocational teacher on part-time
basis.
23. I thus dispose of the petition directing NDMC to treat
the petitioners as permanently appointed vocational teachers
on part-time basis and pay to the petitioner salary as per
policy. For guidance, NDMC may consider adopting the salary
paid by the Government of NCT of Delhi to vocational teachers
which I note was a fixed emolument of Rs.5,000/- per month as
WP(C) 4826/02 page 6 of 7
of the year 2002.
24. No costs.
(PRADEEP NANDRAJOG)
JUDGE
JULY 24, 2008
dk
WP(C) 4826/02 page 7 of 7
