Ankur vs Directorate Of Education And Ors
2017 Latest Caselaw 7215 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Date of Order: December 13, 2017

+             W.P.(C) 11052/2017 & C.MS.45215-16/2017
       ANKUR                                                 ..... Petitioner
                              Through: Mr. Kamal          Kapoor and Mr.
                              Virendra Rawat, Advocates

                     versus

       DIRECTORATE OF EDUCATION AND ORS .....Respondents
                    Through: Mr. Naushad Ahmed Khan, ASC
                    (Civil) and Ms. Deepshikha Goyal, Advocate
                    for respondent-GNCTD
       CORAM:
       HON'BLE MR. JUSTICE SUNIL GAUR

                              ORDER

(ORAL)

1. Petitioner, a Peon with third respondent-School since March, 2008, is aggrieved by Communication of 14th November, 2017 (Annexure-T) of second respondent vide which petitioner's appointment as Peon made about nine years ago, has been declared to be illegal as he was appointed without calling for applications and so, impugned Communication stops the Grant-in-Aid for petitioner's salary with liberty to third respondent- School to pay petitioner's salary from its own funds.

2. To assail impugned Communication of 14 th November, 2017 (Annexure-T), learned counsel for petitioner submits that the vacancy of Peon was filled up by third respondent-School only after second respondent had constituted the Departmental Promotion Committee

(DPC) for filling up the vacancy of Peon and petitioner's appointment as well as his pay fixation was duly approved by second respondent on 15th October, 2008, which is so evident from Annexure-L. So, it is submitted that there was deemed approval to petitioner's appointment as Peon and now, after nine years, it cannot be arbitrarily declared to be illegal.

3. In the facts and circumstances of this case, it is deemed appropriate to dispose of this petition with permission to petitioner to make a concise representation to second respondent within a week from today, and with a direction that upon receipt of such a Representation from petitioner, second respondent shall pass a speaking order thereon within four weeks in case it chooses not to withdraw impugned Communication of 14 th November, 2017 (Annexure-T). Second respondent shall consider the response of third respondent-School given to Show-cause Notice on 21st April, 2016 and if need be, inputs can be obtained from third respondent- School. The fate of Representation be made known to petitioner within a week thereafter, so that petitioner may avail of the remedies as available in law, if need be. In the peculiar facts and circumstances of this case, let status quo as of today in respect of petitioner's service with third respondent-School be maintained.

4. With aforesaid directions, this petition and the applications are disposed of.

Dasti.

(SUNIL GAUR) JUDGE DECEMBER 13, 2017 s