Delhi High Court
Smt. Brij Bala Gupta vs Samarth Shikha Samity & Ors. on 7 July, 2008
Author: Pradeep Nandrajog
* IN THE HIGH COURT OF DELHI
+ WP(C) No.3033/1999
SMT. BRIJ BALA GUPTA ........ Petitioner
through: Mr. Gyan Prakash, Advocate
VERSUS
SAMARTH SHIKSHA SAMITY & ORS. ........ Respondents
through: Mr.Puneet Taneja, Advocate
RESERVED ON:
03.07.2008
DATE OF DECISION:
% 07.07.2008
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. Stating that it was intending to open a primary
school (Saraswati Shishu Mandir) at Punjabi Bagh, vide a
circular dated 26.3.1981, respondent No.1 Samarth Shiksha
Samity, invited applications from eligible candidates informing
that the chosen incumbent would be placed in the pay scale
recognized by Delhi Administration. Since the post advertised
was of Head-Mistress of the School, eligible criteria prescribed
was as applicable to the post of Head-Mistress.
2. Being eligible, petitioner responded to the circular
dated 26.3.1981 and was selected.
3. The petitioner was already working under
respondent No.1 at its school at Mehrauli. Pursuant to her
selection as the Head-Mistress of the School since she was to
commence functioning under respondent No.1 at Punjabi Bagh,
vide order dated 10.4.1981 issued under the signatures of the
Secretary General of respondent No.1, she was transferred to
the new school at Punjabi Bagh.
4. Under the signatures of the Secretary General of
respondent No.1, vide order dated 5.7.1981, petitioner was
intimated that with effect from 1.7.1981 she would be placed
in the pay scale of Rs.425-15-560-EB-20-640. She was
informed that her pay in the scale would be Rs.425/-.
5. Thus, it is apparent that with effect from 1.7.1981,
petitioner was placed at the entry of the pay scale i.e. Rs.425/-.
6. There appears to have taken place a revision in the
pay scale of Head-Mistresses and the entry pay scale of
Rs.425/- came to be fixed at Rs.440/- with effect from
1.1.1984. On 16.12.1984 petitioner was informed of the said
grade revision.
7. Unfortunately, neither party has informed the Court
as to what was the scale of pay in the grade applicable where
Rs.440/- was the entry level pay.
8. The School at Punjabi Bagh was an unrecognized
school.
9. Respondent No.1 had established a recognized
school under the Delhi School Education Act, 1973. It was
named Saraswati Bal Mandir, Jhandewalan.
10. There existed a vacant post of a trained graduate
teacher (T.G.T) at Saraswati Bal Mandir, Jhandewalan, New
Delhi. The petitioner applied for appointment in the said
recognized school. She was selected. On 7.1.1986 she was
informed by respondent No.1 as under:-
"Madam,
You are being transferred to Saraswati Bal Mandir,
Jhandawalan, New Delhi w.e.f. 8-1-86 as T.G.T.
Your salary and D.A. will remain as it is. Your
services rendered in Panjabi Bagh Vidyalaya will be
recognised and benefit as per rules will be given to
you. Whatever, earned/ Medical leave balance on
your account during the service rendered in Punjabi
Bagh Vidyalaya will be credited and you will be
entitled to take it as per your need. Accordingly on
the above mentioned date please take over charge
from Manager/Principal of Saraswati Bal Mandir
Zhandawalan.
Please take your relieving certificate with you. All
accounts/paper regarding vidyalaya may be handed
over to Manager." (underlining emphasized)
11. It may be noted that the pay scale of TGT in schools
recognized by the Competent Authority under the Delhi School
Education Act, 1973 was the same as that of Head-Mistresses
of primary schools. Thus, on transfer as a TGT to the
recognized school the petitioner continued to remain in the pay
scale in which she was placed while posted as the Head
Mistress of the School at Punjabi Bagh.
12. Upon acceptance of the report of the National
Commission On Teachers (IVth Central Pay Commission) on
12.8.1987 the replacement scale of trained graduate
teachers/Head-Masters (Head-Mistresses) of primary school
was notified by Delhi Government as under :-
"(b) Trained Graduate teachers/ Rs.1400-40-1600-50-1650-
Headmasters of Primary school EB-50-1950-EB-50-2250-
EB-50-2300-60-2600
Senior Scale Rs.1640-60-2000-EB-60-
(After 12 years) 2360-EB-60-2600-75-2750-
EB-75-2900"
13. In the year 1993 the petitioner wrote to respondent
No.1 informing that she had been functioning as the Head
Mistress of a primary school under respondent No.1 since
1.7.1981 and that with effect from 8.1.1986 she had been
functioning as a TGT in a school run by respondent No.1 at
Jhandewalan and that she had completed 12 years of service in
the scale of a trained graduate teacher/Head-Mistress of a
primary school and hence was entitled to be placed in the
senior scale.
14. The claim was refuted by respondent No.1 informing
the petitioner that her employment under the school at Punjabi
Bagh could not be counted while determining the 12 years
service to be rendered in the scale of a trained graduate
teacher/Head-Mistress, for the reason, the said School was an
unrecognized School and that since the petitioner was posted
in the recognized School under respondent No.1 for the first
time in the year 1986, the 12 year qualifying service would be
completed in the year 1998.
15. Instant petition came to be filed by the petitioner
when all forums of redressal failed. Prayer made in the petition
is to direct the respondents to grant to the petitioner senior
scale with effect from 1.7.1993 in terms of the circular dated
12.8.1987.
16. The rival submissions are short and crisp. According
to the petitioner the pay scale of Head-Mistress in a primary
school is the same as a TGT in a regular school and that when
she was transferred from the School at Punjabi Bagh on
7.1.1986 where she was functioning as a Head-Mistress of the
un-recognized school to the recognized school at Jhandewalan
it was clearly stated to her that 'your salary and DA will remain
as it is. Your services rendered in Punjabi Bagh Vidyalaya will
be recognized and benefit as per rules will be given to you.'
Thus, according to the petitioner she would be entitled to the
benefit of 5 years service which she had rendered as the Head
Mistress in the unrecognized school. The result, according to
the petitioner, is that her entitlement to be placed in the senior
scale would mature in the year 1993.
17. The respondent alleges that the entitlement of the
petitioner to be placed in the senior scale would mature when
she would have completed 12 years service as a TGT in the
recognized school.
18. A fact may be noted. It is not in the pleadings of
the parties, but was admitted at the hearing of the writ petition
in conformity with the letter dated 7.1.1986. Increments which
were earned by the petitioner during her 5 years service while
functioning as the Head-Mistress of the primary school at
Punjabi Bagh were protected.
19. Letter dated 7.1.1986 transferring petitioner to the
recognized school, contents whereof have been noted in para
10 above, support the pay protection of the petitioner as also
the protection of her service rendered in unrecognized school
at Punjabi Bagh. The same clearly states that the petitioner's
service rendered in Punjabi Bagh will be recognized under the
new school. The letter clearly states that the salary of the
petitioner would remain as it is.
20. What does one mean when one tells his employee
on transfer to a new unit that service rendered in a different
unit will be recognized and even the pay would be protected? It
simply means that all benefits accruing on account of past
service would be protected and implemented for purpose of
continued service in the new unit.
21. Looked at from any angle, and in particular in teeth
of the letter dated 7.1.1986, it does not lie in the mouth of the
respondent to allege that the respondent will not look into the
service rendered by the petitioner in the unrecognized school
run by the respondent where petitioner functioned as a Head
Mistress for 5 years.
22. It need hardly be re-emphasized that the pay scale
of Head Mistress in a primary school is the same as the pay
scale applicable to a TGT.
23. The writ petition has to succeed.
24. The petition is allowed.
25. A mandamus is issued to respondent No.1 to place
the petitioner in the senior scale of TGT/Head Mistress as per
the circular dated 12.8.1987 with effect from 1.7.1993. Benefit
of the replacement scale with effect from 1.1.1996 i.e. when
the recommendations of the Vth Pay Commission were
implemented would also be give. Arrears would be calculated
and paid to the petitioner by the respondent within 12 weeks of
the date of this order. Petitioner is held entitled to interest @
6% p.m. on the amount which would be payable each month to
the petitioner with effect from 1.7.1993 from the date the
differential amount becomes due and payable pursuant to the
present order till date of payment.
26. Petitioner is held entitled to cost quantified in sum
of Rs.5000/-.
07 July, 2008 (PRADEEP NANDRAJOG)
vg JUDGE
