Delhi High Court
Adhyapak Shakti Manch, Delhi vs Govt Of N.C.T. Delhi And Anr. on 17 January, 2018
$~2
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8922/2017 and CM No.36502/2017
% Date of decision : 17th January, 2018
ADHYAPAK SHAKTI MANCH, DELHI ..... Petitioner
Through : Mr. Ranjit Sharma, Adv.
versus
GOVT OF N.C.T. DELHI AND ANR. ..... Respondents
Through : Ms. Manika Tripathi Pandey
and Mr. Ashutosh Kaushik,
Advs.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE
1. This writ petition has been filed by a registered body of
Teachers in Delhi, in public interest, complaining that trained graduate
teachers (TGTs) under the Directorate of Education are entitled to
minimum pay of Rs.17,140/- per month in terms of the Pay Fixation
Rules, 2008. However, the respondents are interpreting the rules to
mean that only teachers who were appointed on or after 1 st January,
2006 are entitled to this minimum pay. So far as the teachers who
were appointed prior to 1st January, 2006 are concerned, their pay was
fixed on implementation of the VIth Central Pay Commission by
multiplying their basic pay as on 1st January, 2006 with 1.86 plus the
grade pay which came to less than Rs.17,140/-.
2. The writ petitioner has pointed out that by an order dated 4th
April, 2016 passed in O.A.Nos.2835/2011 and 3217/2014, the
Principal Bench of the Central Administrative Tribunal granted the
minimum pay of Rs.17,140/- to trained graduate teachers as on 1st
January, 2006. The challenge to this order by the Directorate of
Education, by way of WP(C)No.2634/2017 Government of NCT of
Delhi & Anr v. Somvir Rana & Ors., was dismissed by a Division
Bench of this Court by an order passed on 23 rd March, 2017. It may
be noted that while so deciding, the court had noted its prior judgment
dated 4th November, 2016 passed in WP(C)No.8058/2015, Union of
India vs. Malbika Deb Gupta.
3. The judgment passed by the Division Bench of this court was
assailed by the Government of NCT of Delhi before the Supreme
Court of India by way of SLP Diary No.23663/2017, Government of
NCT of Delhi & Anr. vs. Somvir Rana TGT (Eng) & Ors. This
challenge was rejected by the Supreme Court of India by the order
dated 01.09.2017 directing as follows :
"Delay condoned.
We find that there are several matters in which the
aggrieved employees have been going to the Tribunal, then
to the High Court and thereafter those matters are brought
before this court at the instance of the Union of India/NCT
of Delhi.
One the question, in principle, has been settled, it is
only appropriate on the part of the Government of India
to issue a Circular so that it will save the time of the court
and the Administrative Departments apart from avoiding
unnecessary and avoidable expenditure.
The present situation is that the stepping up is
available only to those who have approached the court.
But since the issue has otherwise become final, we direct
the Government of India to immediately look into the
matter and issue appropriate orders for granting the pay-
scale so that people need not unnecessarily travel either to
the Tribunal or the High Court or this Court.
With the above observations and directions, the
special leave petitions are dismissed."
(Emphasis supplied)
4. The present appeal has been necessitated for the reason that
despite the clear directions by the Supreme Court of India, the
Directorate of Education of the Government of NCT of Delhi is not
making available the benefit of the adjudication by the Central
Administrative Tribunal, the Division Bench of this court and the
Supreme Court available to all identically placed trained graduate
teachers (TGTs).
5. Ms. Manika Tripathi Pandey, ld. counsel for the respondents, on
instructions, submits that the benefits of the said order, have been
made available to 24 teachers who had approached this court.
6. Ld. counsel for the petitioner clarifies that it was only the
teachers who were party in the litigation along with Somvir Rana,
who have been granted the benefits of the order passed.
7. Be that as it may, it cannot be denied that a clear principle was
laid down by the Central Administrative Tribunal, which was accepted
by this court and affirmed by the Supreme Court of India. The
respondents are bound to give the benefit thereof to all similarly
placed teachers irrespective of whether they were appointed before or
after 1st January, 2006.
8. By the order dated 01.09.2017, the Supreme Court had issued
specific directions to the Government of India which must be
complied with. In fact, the denial of the benefits to the similarly
placed teachers is not only unfair and unjust, but results in
unnecessary and unwarranted litigation. The respondents actually
were required to comply with orders not only qua the parties to the
cases but also qua others similarly situated, which would have
prevented invoking of the jurisdiction of this court by way of the
present writ petition.
9. It is trite that refusal to follow well settled principles of law is
contumacious and renders such person liable for appropriate action
under the Contempt of Courts Act.
10. In view of the above, it is directed that the respondents shall
ensure that the benefits of the order dated 23rd March, 2017 in
WP(C)No.2634/2017 Government of NCT of Delhi & Anr v. Somvir
Rana & Ors. and confirmed by the Supreme Court of India by its
order dated 1st September, 2017 is granted to all trained graduate
teachers (TGTs) who were appointed prior to 1st January, 2006 by
fixing their pay at Rs.17,140/- on that date. Such orders shall be
passed within a period of three months from today and arrears in terms
thereof shall be released positively within a further period of three
months thereafter.
11. This writ petition is allowed in the above terms.
ACTING CHIEF JUSTICE
C.HARI SHANKAR, J
JANUARY 17, 2018/mk
