Ram Singh vs Directorate Of Education & Ors.
2017 Latest Caselaw 679 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI

+                           W.P.(C) No. 8290/2009
%                                                         6th February, 2017

RAM SINGH                                                        ..... Petitioner
                            Through:      None.
                            versus
DIRECTORATE OF EDUCATION & ORS.             ..... Respondents

Through: Mr. Varun Nishal, Adv. for R-1 Mr. Ankit Parashar, Adv. for R-2 and

CORAM:

HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

1. By this writ petition under Article 226 of the Constitution of

India, petitioner seeks orders for directing the respondent nos. 2 and 3/Modern

School to pay the petitioner scale of Rs.1400-2000/- in terms of the order dated

24.5.1996 issued by the then Principal Sh. S.P. Bakshi.

2. Respondent nos. 2 and 3/school have filed a counter-affidavit

stating that the alleged order relied upon by the petitioner was issued by the

Principal just six days prior to his retirement, and in fact no such order is found

on the records of the school. It is said that petitioner therefore cannot get

benefit of an imaginary order passed.

3. In law, any decision of the school has to be in terms of the

decision of the Managing Committee. A Principal of a school is not a

Managing Committee and only which Managing Committee is entitled to

authorize payment of a particular pay-scale to any employee. This decision of

grant of a pay-scale thus vests accordingly only with the Management i.e

Managing Committee. Petitioner has not filed any decision of the Managing

Committee that the Managing Committee has given to the petitioner the pay-

scale of Rs. 1400-2000/- as is mentioned in the alleged order dated 24.5.1996.

Also, it may be noted that the school vehemently denies that any such order

dated 24.5.1996 is on its record.

4. I may also note that if petitioner really was granted the pay-scale

of Rs. 1400-2000/- w.e.f 1.5.1996 in terms of the order of the Principal dated

24.5.1996, and the petitioner was not paid this scale for around 13 years till the

writ petition was filed, and if the order dated 24.5.1996 was valid, then

petitioner would have approached the Court much earlier and not after a delay

of 13 years, and which delay also shows that petitioner was not granted the

pay-scale of Rs. 1400-2000/- allegedly in terms of the order dated 24.5.1996 of

the then principal Sh. S.P.Bakshi.

5. In view of the above, there is no merit in the petition and the

same is therefore dismissed.

FEBRUARY 06,2017 / ib                                 VALMIKI J. MEHTA, J