Delhi High Court
Dinesh Chand Sharma vs Managing Committee Of Rukmani ... on 19 January, 2015
Author: Valmiki J. Mehta
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) No. 5633/2013
% 19th January , 2015
DINESH CHAND SHARMA ......Petitioner
Through: Mr. Ashok Aggarwal and Ms. Kusum
Sharma, Advocates.
VERSUS
MANAGING COMMITTEE OF RUKMANI DEVI JAIPURIA PUBLIC
SCHOOL & ORS. ...... Respondents
Through: Dr. M.Y.Khan, Adv. for R-1/school.
Ms. Bandana Shukla, Adv. for Ms.
Ruchi Sindhwani and Ms.Meena
Goswami, Advs. for R-3.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1. Petitioner is employed as an Physical Education Teacher
(P.E.T)/Physical Training Instructor (P.T.I) with the respondent no.1-school,
Rukmani Devi Jaipuria Public School. Petitioner by means of this writ
petition seeks the following reliefs:-
PRAYER
WPC 5633/2013 Page 1 of 5
In the premise aforesaid, the petitioner most humbly prays that this
Hon'ble Court may be pleased to:
a. Issue an appropriate writ, order or directions directing the
respondents no.1 & 2 to grant the Petitioner full benefits of the
ACP scheme along with all the consequential benefits at par with
his counterparts employed in the schools of the respondent no.3.
b. issue directions to Respondent No.3 to take appropriate action
against the Respondent school under Delhi School Education Act
upon failure by the Respondents No. 1 & 2 to grant the petitioner
the senior scale of Rs.5,500-175-9000/- as first up-gradation under
the ACP Scheme w.e.f. 16.07.2002 i.e. the date of completing the
12 years of service and full benefits of the ACP scheme along with
all the consequential benefits.
c. pass any such order or directions as this Hon'ble court may in the
facts and circumstances of the present case deem fit and proper in
favour of the petitioner and against the respondents:
and
d. allow the present writ petition of the petitioner with costs;"
2. Essentially, the petitioner seeks the higher pay-scale under the
Assured Career Progression (ACP) scheme dated 25.8.2003 of granting a
financial upgradation after 12 years of service in terms of the scheme dated
25.8.2003 enforced by the Directorate of Education with respect to schools.
3. I find that the present petition is bereft of the necessary and the
requisite pleadings which are required to be made for the petitioner, who is
an Physical Education Teacher (P.E.T)/Physical Training Instructor (P.T.I),
WPC 5633/2013 Page 2 of 5
for being entitled to claim the financial upgradation in terms of the ACP
scheme.
4. The ACP scheme as relied upon by the petitioner is Annexure
P-2, and is dated 25.8.2003, and which scheme itself as per its various
paragraphs requires besides completion of service of 12 years screening by
Departmental Screening Committee (DSC) and which DSC vide paras 8 and
11 requires that certain norms of eligibility criteria have to be complied with
by aspirants before the benefits of ACP scheme are granted. The said paras
8, 11 and 11.1 read as under:-
"8. The concerned DDEs/branch In-charge will collect the requisite
information in r/o all categories of eligible teachers in
prescribed performa along with ACRs of 5 years preceding the
due date of award of ACP, work and conduct report, integrity
certificate, vigilance clearance and will submit the same to
concerned Establishment Branch for submitting before the
Screening Committee for taking further necessary action.
........
11. The following points are to be kept in mind while submitting
the case of teachers before the Screening Committee:-
11.1 Fulfillment of normal promotion norms (including educational
qualifications as per Recruitment Rules) for grant of financial
up-gradation, performance of such duties as are entrusted to the
employees together with retention of old designations, financial
up-gradation as personal to the incumbent for the stated
purposes and restriction of the ACO scheme for financial and
certain other benefits (HBA, allotment of govt, accomodation,
advance etc) only without conferring any privileges related to
WPC 5633/2013 Page 3 of 5
higher status (e.g. invitation to ceremonial functions,
deputations to higher posts etc) shall be ensured for grant of
benefits under ACP scheme." (underlining added)
5. In the present petition I do not find any averment whatsoever,
much less the necessary averments with respect to how the petitioner
complies with the eligibility criteria of the promotion norms as stated in para
11.1 and related aspects of seeking ACP Scheme and which are also
specified in para 8 of the circular/scheme dated 25.8.2003.
6. Therefore it is not understood by the Court that how in the
absence of relevant pleading the petitioner will be entitled to benefits of the
ACP scheme and which ACP entitlement is not an automatic entitlement
because in terms of the scheme the claims/entitlement to ACP Scheme has to
be examined by a Screening Committee and which has to examine the
fulfillment of eligibility criteria. Thus no reliefs can be granted as the
petitioner who has failed to show as to how the petitioner complied with the
eligibility criteria for ACP Scheme with respect to the ACRs, eligibility
criteria of promotion rules to the higher post etc etc.
7. After conclusion of the arguments, I put it to counsels for the
petitioner that in the opinion of this Court it is better if the petitioner
withdraws this petition and files a detailed writ petition giving the necessary
WPC 5633/2013 Page 4 of 5
averments constituting the required cause of action that the petitioner
satisfies the eligibility criteria for being entitled to the benefits under the
ACP scheme by pleading requisite details, but, counsels for the petitioner
insist that the judgment be passed on the basis of the present writ petition
and the record.
8. In view of the above, since the petitioner has failed to satisfy
the Court as to how the petitioner satisfies the eligibility criteria for grant of
benefit of the ACP scheme, 2003, hence there is no merit in the petition and
the same is therefore dismissed. No costs.
JANUARY 19, 2015 VALMIKI J. MEHTA, J.
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