Ashok Kumar And Ors vs Lt Governor Through: Chief ...
2018 Latest Caselaw 2019 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                             Date of Order: April 02, 2018

+             W.P.(C) 3080/2018 & CMs 12260-62/2018

       ASHOK KUMAR AND ORS                       ..... Petitioners
                   Through: Mr. Shanmuga Patro, Mr. Tarun
                   Kumar and Mr. Nikhil Patnaik, Advocates

                    versus

       LT GOVERNOR THROUGH: CHIEF SECRETARY DELHI
       AND ORS                                   .....Respondents
                    Through: Mr. N.K. Singh, Advocate for Mrs.
                    Avnish Ahlawat, Standing Counsel

       CORAM:
       HON'BLE MR. JUSTICE SUNIL GAUR

                             ORDER

(ORAL)

1. For the relief sought in this petition, a Representation (Annexure P-

9) was made by petitioners on 22nd January, 2018 which does not effectively put forth their cause. It is the case of petitioners that an Advertisement for filling up the posts of Trained Graduate Teacher and Post Graduate Teacher has been issued on 20th December, 2017 by Delhi Subordinate Service Selection Board and the process of recruitment has not been concluded. It is pointed out by petitioners' counsel that a co- ordinate Bench of this Court vide order of 11th December, 2017 (Annexure P-7 colly.) has already directed that the recruitment process be completed on or before 31st October, 2018.

2. Learned counsel for petitioners submits that petitioners have been working as Guest Teachers for the last 3 to 7 years and the right to seek regularization of their service is protected by the Sarva Shiksha Abhiyan Bill, 2017 (Annexure P-6).

3. In the facts and circumstances of this case, it is deemed appropriate to dispose of this petition with permission to first petitioner to make a composite and concise Representation on behalf of remaining petitioners as well, in light of afore-referred Bill of 2017 (Annexure P-6) to third respondent within a week. Upon receiving the said Representation, third respondent shall pass a speaking order thereon, within a period of four weeks and its fate be conveyed to first petitioner within a week thereafter, so that petitioners may avail of the remedies as available in law, if need be. In the facts and circumstances of this case, status quo as of today in respect of petitioners' service be maintained till the fate of the said Representation is conveyed to them.

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

Copy of this order be given dasti to counsel for petitioners.

(SUNIL GAUR) JUDGE APRIL 02, 2018 s