Delhi High Court
Binil P.T. vs The Govt. Of Nctd And Ors. on 12 February, 2018
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: February 12, 2018
+ W.P.(C) 1286/2018 & CM 5375/2018
BINIL P.T. ..... Petitioner
Through: Mr. E.J. Verghese &
Mr. Rajeshwar Singh, Advocates
Versus
THE GOVT. OF NCTD AND ORS. ..... Respondents
Through: Mrs. Avnish Ahlawat, Standing
Counsel for respondent No.1-GNCTD
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
1. Petitioner claims to be a 'Work Experience Teacher' in respondent
No.3-School since the year 2012. It is the case of petitioner that his claim
for stepping up of his pay has been illegally declined by respondent -
Directorate of Education vide order of 4th August, 2014 (Annexure A-1)
and that petitioner had approached the Central Administrative Tribunal
against denial of stepping up of his pay. Vide order of 27th October, 2017,
petitioner's original application seeking the relief, as claimed in this
petition, was withdrawn with liberty to approach the appropriate Forum.
2. Learned counsel for petitioner relies upon Supreme Court's order
of 1st September, 2017 in Government of NCT of Delhi & Anr. Vs. Somvir
Rana (Annexure P-7 colly) to submit that denial of stepping up of pay is
arbitrary and illegal. Reliance is also placed by petitioner's counsel upon
order of 17th January, 2018 of a Division Bench of this Court in W.P.(C)
8922/2017 in Adhyapak Shakti Manch, Delhi Vs. Government of NCT of
Delhi & Anr. to seek the relief claimed in this petition.
3. Learned counsel for petitioner asserts on instructions that though
petitioner is a 'Work Experience Teacher' but is equivalent to Trained
Graduate Teacher (TGT) or Physical Education Teacher. It is pointed out
by petitioner's counsel that Mr. Siddharth Khatri, Physical Education
Teacher, has been given the benefit of stepping up and petitioner is at par
with him but petitioner has not been granted stepping up of pay.
4. In the facts and circumstances of this case, it is deemed appropriate
to dispose of this petition with direction to petitioner to make a concise
Representation to respondent- Directorate of Education to reconsider
impugned order of 4th August, 2014 (Annexure A-1) in the light of the fact
that Supreme Court in Somvir Rana (Supra) and Division Bench of this
Court in Adhyapak Shakti Manch (Supra) have already ruled that Trained
Graduate Teachers are entitled to stepping up of pay. So far as
equivalence of petitioner with Trained Graduate Teacher and Physical
Education Teacher is concerned, it is required to be looked into by
respondent -Directorate of Education.
5. Learned counsel for petitioner submits that a Representation would
be made to respondent- Directorate of Education within a week. If such a
Representation is received by respondent- Directorate of Education, then
it be decided by passing a speaking order within a period of twelve weeks
in the light of decisions as referred to above and on the parity aspect. The
fate of petitioner's Representation be made known to him within a week
thereafter, so that petitioner may avail of the remedies, as available in
law, if need be.
6. With aforesaid directions, this petition and the application are
disposed of.
(SUNIL GAUR)
JUDGE
FEBRUARY 12, 2018
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