Delhi High Court
Smt. Saroj Devi vs Govt. Of Nct Of Delhi & Anr. on 17 February, 2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) Nos.989/2010 & 5196/2010
% 17th February, 2017
1. W.P.(C) No.989/2010
SMT. SAROJ DEVI ..... Petitioner
Through: Mr. C.S.S. Tomar, Advocate.
versus
GOVT. OF NCT OF DELHI & ANR. ..... Respondents
Through: Ms. Niti Jain, Advocate.
2. W.P.(C) No.5196/2010
SMT. SAROJ BALA ..... Petitioner
Through: Mr. C.S.S. Tomar, Advocate.
versus
GOVT. OF NCT OF DELHI & ANR. ..... Respondents
Through: Ms. Niti Jain, Advocate.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
W.P.(C) No.989/2010
1. By this writ petition under Article 226 of the Constitution
of India, the petitioner seeks the relief of being regularized in her
employment with the respondent no.2/school and with which school
W.P.(C) Nos.989/2010 & 5196/2010 Page 1 of 7
petitioner was working as a part time water woman. The respondent
no.2/school is an aided school.
2. The facts of the case are that petitioner was appointed to
the respondent no.2/school as a water woman with the approval of the
respondent no.1/Director of Education (DOE) in terms of the letter of
the respondent no.1/DOE dated 17.12.1976. This letter dated
17.12.1976 reads as under:-
" OFFICE OF THE EDUCATION OFFICER,
ZONE IV BOYS, KAMLA MARKET, ZEENAT MAHAL, NEW
DELHI
No. ZONE,IV BOYS/7310 DATED 17/12/76
To,
The Head Master
Nehru Memorial Co-Edu Middle School
Mandoli Road, Shahdara, Delhi.
SUB: APPROVAL OF APPOINTMENT OF PART-TIME SWEEPER
OR WATER WOMEN.
Sir,
With reference to your consequences on the subject dated above. The
Director of Education, Delhi has been pleased to accord approval of
appointment of Smt. Parkashi Devi as Part Time, Sweepers and Smt.
Saroj Devi as part time water woman @ Rs.65/- fixed p.m. with effect
from 01-09-76.
Yours faithfully
Sd/-
H.K. Arora
Education Officer
Zone IV boys
Note:
Copy forwarded to the Accts. Officer, Granted-in-aid Directorate of
Education for information and necessary action.
EDUCATION OFFICER
ZONE IV BOYS"
3. Petitioner pleads that the respondent no.1/DOE came out
with a circular dated 22.7.2009 whereby the respondent no.1/DOE
W.P.(C) Nos.989/2010 & 5196/2010 Page 2 of 7
ordered that services of part time workers against regular vacant
Group-D posts be regularized and petitioner is entitled to the benefit of
this circular of the respondent no.1/DOE dated 22.7.2009 more so by
virtue of Section 10 of the Delhi School Education Act, 1973, and
which section provides that service conditions of employees of private
aided schools have to be the same as the service conditions of
employees in government schools. The order/circular dated 22.7.2009
reads as under:-
"GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF
DELHI DIRECTORATE OF EDUCATION, ESTABLISHMENT-I
SECTION ROOM NO.211-D, OLD SECTT., DELHI-110054.
No.F.DE 1 (16) (3) 2006/E.I./12770-12785
DATED: 22/07/2009
ORDER
The Director of Education, Govt, of N.C.T. of Delhi is pleased to
regularize the services of following Part-time workers against the regular
vacant Group-D posts of Waterman/women in the pay scale of Rs.2,550-
3,200/- (Pre-revised) plus usual allowances as admissible under the Rules
from time to time, in the terms of relevant provisions as contained in the
approved Recruitment Rules for Group-D posts notified vide Services
Department's Notification No. F 2/14/87-S-II dated 10.06.1997.
Their appointment to designated Group-D post shall be deemed from the
date they actually report for duty after they have been medically
examined and found fit by the Medical Board, Deen Upadhayay
Hospital, New Delhi. Their appointment will be further subject to
verification of their character and antecedents satisfactory by the
concerned Authority and fulfillment of all Codal formalities.
3. Before appointment of these part-time employees to regular
Group-D post, the concerned appointing Authority should satisfy
themselves that:
(i) The part-time employee was within the prescribed age limit of
18-25 years (relax-able for SC/ST/OBC as per general orders on
the subject) on the date of his/her engagement as part-time
employee.
(ii) Documentary proof of date of birth. The date of birth once
entered in the service book shall not be liable to change under
any circumstances.
(iii) Documentary proof of their belonging to SC/ST/OBC where
ever applicable.
(iv) Part time employee was paid of Contingency fund and was
working against sanctioned part-time post and was engaged
through Employment Exchange.
4. A certificate may be recorded in the Appointment Order/Service
Book of each candidate that he/she was within the prescribed age limit on
the date of his/her engagement as part-time employee to avoid any future
complications in this regard.
5. The Appointing Authority should get verified the particulars and
obtain Work & Conduct Report of Part-time employees from the
concerned Principal which would form part of his/her personal file.
6. Consequent upon the regularization of their services against
regular vacant Group-D post, these candidates are nominated and posted
to the Schools shown against their names for their appointment to the
post of Waterman/Woman Full time Group-D (regular).
No.F DE 1 (16) (3) 2006/E.I./12770-12785 DATED: 22/07/2007
Copy for information and necessary action, forwarded to:-
1) All Regional Director of Education, Directorate of Education,
Delhi.
2) All Deputy of Director of Education, Director of Education,
Delhi with the direction to complete the codal formalities as
described above in connection with appointment after satisfied
with the reasonable aspects in all respect as such no ineligible
incumbent has been given appointment.
3) Additional Director of Education (School)/Chairman of
Screening Committee.
4) A.D.E. (Vigilance)/Member of Screening Committee.
5) A.D.E. (Exam)/Member of Screening Committee.
6) P.S. to Director of Education, Directorate of Education, Director
of Education, Delhi.
7) P.A. to Additional Director of Education (Admn) Directorate of
Education, Delhi.
8) The Superintendent (I.T.), Directorate of Education, Old Sectt.,
Delhi with the request to place the Order on the website of this
Directorate after log in.
9) Guard file.
(SANJAY KAUSHIK)
ASST. DIR. OF EDN.(E.I.)"
4. A reading of the counter affidavit filed by the respondent
no.1/DOE in the present case shows that there is no dispute that there
was in fact a circular issued by the respondent no.1/DOE dated
22.7.2009. Respondent no.1/DOE only contends that the petitioner
was only appointed on temporary basis and hence she is not entitled to
get regular appointment. However, the stand of the respondent
no.1/DOE of not granting of regularization on account of petitioner
being a part time employee hits at the very language of the circular of
the respondent no.1/DOE dated 22.7.2009 (which has been reproduced
above) as per which the part time workers only were to be regularized
as long as they were working for the Group-D posts of water
man/women. Petitioner admittedly was working as a water woman on
part time basis and it is not the case of the respondent no.1/DOE that
petitioner was not working in a sanctioned post of a water woman
because petitioner's appointment was approved by the respondent
no.1/DOE itself as per its letter dated 17.12.1976. The only defence of
the respondent no.1/DOE is that the petitioner was working as a part
time employee and such part-time employees cannot be regularized.
5. In view of the above facts which show that petitioner is
entitled to the benefit of the circular of the respondent no.1/DOE dated
22.7.2009 read with Section 10 of the Delhi School Education Act,
petitioner hence will be confirmed in the post of water woman in terms
of the circular of the respondent no.1/DOE dated 22.7.2009. Petitioner
is accordingly regularized with the respondent no.2/school w.e.f
22.7.2009 and hence petitioner will be entitled to all consequential
benefits.
6. Writ petition is accordingly allowed and disposed of in
terms of aforesaid observations.
W.P.(C) No.5196/2010
7. The reliefs prayed in this writ petition are identical to the
reliefs prayed in W.P.(C) No.989/2010, however, reliefs in this writ
petition cannot be granted because the school in the present case in
which petitioner was working as a part time water woman being Guru
Nanak Girls Middle School/respondent no.2 was only entitled to have
two full time employees and two part time employees in Group-D
posts because respondent no.2's school enrolment was below 400, and
already in the respondent no.2/school there existed two part time and
two full time employees in Group-D posts already working, when the
petitioner was appointed. Hence there was no sanctioned post available
so far as the petitioner/Smt. Saroj Bala is concerned to which she was
appointed and once there is no sanctioned post, then there cannot be
regularization of a person working in a post which is not a sanctioned
post inasmuch as the circular of the respondent no.1/DOE dated
22.7.2009 only applies to regular vacant Group-D post.
8. This writ petition is accordingly dismissed, leaving the
parties to bear their own costs.
FEBRUARY 17, 2017 VALMIKI J. MEHTA, J
Ne
