St Anthonys Girls Sr. Sec School vs Govt Of Nct Of Delhi And Ors
2012 Latest Caselaw 3652 Del

$~35
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%              Judgment delivered on: 31st May, 2012

+      W.P.(C) 3553/2012 & CM No.7497/2012(Stay)

       ST ANTHONYS GIRLS SR. SEC SCHOOL
       THROUGH ITS MANAGER AND ANR                 ..... Petitioners
                    Through : Dr.M.P.Raju & Mr.Ashish Azad, Advs.

                       versus

       GOVT OF NCT OF DELHI AND ORS               ..... Respondent
                    Through : Mr.Najmi Waziri, Standing Counsel for
                    GNCTD and Mr.Vikrant , Adv.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. Vide instant petition, the petitioner school seeking direction to release the grant-in-aid for the salary of the incumbent appointed teachers for the 07 posts, viz TGT English - 02, TGT Maths - 02, TGT Hindi - 01, TGT Sanskrit - 01, TGT Natural Science - 01.

2. The CM No.7497/2012 is also being accompanied to the instant petition wherein the applicant/petitioner is seeking direction to be issued to respondents to release provisional grant-in-aid and salary for the aforementioned posts as said teachers continuing for the last 09 months.

3. Learned counsel for petitioner has relied upon, Rule 98 (5) of the Delhi School Education Rules, 1973 wherein it is prescribed as under:-

"(5) Where any appointment made by the managing committee of an aided school is not approved by the Director, such appointment may (pending the regular appointment to the post) be continued on an ad hoc basis for a period not exceeding three months and the salary and allowance of the person so continued on an ad hoc basis shall qualify for the computation of the aid to be given to such school."

4. Notice issued.

5. Mr.Vikrant, learned counsel accepts notice on behalf of respondents and on instructions, submitted that the requisite action will be positively taken within ten days.

6. In view of statement made by learned counsel for respondents, instant petition and application stands disposed of accordingly.

7. I further make it clear that if the respondents shall not take any steps or action within aforementioned period, then it shall amount to Contempt of this Court.

8. Copy of order be given dasti to both the parties under signature of the Court Master.

9. No order as to costs.

SURESH KAIT, J

MAY 31, 2012 Mk