BALJEET SINGH Vs. LT GOVERNOR OF DELHI

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, the petitioner has been seeking to quash the office order No.6463-6663 dated 17.8.1998 whereby the petitioner is sought to be re-transferred/ repatriated to Vidya Gyan Mandir Senior Secondary School, Pahari Dhiraj, Delhi and also a writ of mandamus requiring the respondent to absorb the petitioner in the present post i.e. PET (Physical Education Teacher) in Government School or aided school as per the provisions contained in Rule 47 of the Delhi School Education Rules 1973 (hereinafter referred to as'the Rules').

(2.) The facts leading to the filing of the present writ petition, shortly stated, are that the' petitioner was appointed as PET in the year 1982 at Vidya Gyan Mandir School, Pahari Dhiraj, Delhi, a Government aided school; that the petitioner continued to work in the said school till 15.10.1987 when he was posted at Government Boys Senior Secondary School, (GBSSS) Adarsh Nagar, Delhi on being declared surplus vide office order No.3539/2 dated 27.6.1983 due to abolition of the post of PET at Vidya Gyan Mandir Senior Secondary School, Pahari Dhiraj, Delhi, the school where the petitioner was originally appointed; that it was also ordered that the petitioner would continue to draw his salary and other payments against the post of teacher till he is absorbed in another school against the post of PET under Rule 47(1) of the Rules; that vide impugned order dated 17.8.1998, the petitioner is transferred back to his original school after rendering continuous service for a period of about 11 years in G.B.S.S.S, Adarsh Nagar, Delhi. According to the petitioner, without any change in the circumstances in the said school, as per the provisions contained in Rule 47, the petitioner could not have been re-transferred after 11 years service and the petitioner is entitled to be absorbed under Rule 47(1) in Government school or aided school rather than repatriated/re-transferred to the original school. It is also contended that the impugned order is arbitrary, discriminatory and unjust inasmuch as the other persons similarly situated have been absorbed by the respondents in their respective post in Government school or aided school; that the strength of the former school has decreased as compared to the strength at the time when the post was abolished as presently there are only 349 students in the school and one PET namely Smt.Raj Lamba is working as PET and at this strength, two PETs cannot be posted.

(3.) Respondents 1 & 2, vide counter affidavit, refuted the claim of the petitioner inter alia contending that the petitioner was rendered surplus in Vidya Gyan Mandir Senior Secondary School, Pahari Dhiraj, Delhi, which is a taken over school of the Directorate of Education; that the school is managed through an authorised officer appointed by the administrator of Delhi; that the petitioner was posted in G.B.S.S.S, Adarsh Nagar, Delhi as the post of PET was rendered surplus in his parent school i.e. Vidya Gyan Mandir Senior Secondary School, Pahari Dhiraj, Delhi; that now with the retirement of another PET Sh.H.S.Dabas with effect from July 1996, a vacant post of PET is available in Vidya Gyan Mandir Senior Secondary School, Pahari Dhiraj, Delhi; that the petitioner was never absorbed under Rule 47 of the Rules and, therefore, Rule 47 is not applicable that the petitioner having been rendered surplus in his parent school was only posted physically so that his services could be utilised profitability in the best interest of the students; that the petitioner has been drawing his sa!ary continuously from his parent school i.e. Vidya Gyan Mandir Senior Secondary School, Pahari Dhiraj, Delhi; that since the petitioner was not absorbed under sub-rule (1)(a) of Rule 47, he cannot be regularly absorbed in the Government school where he has been posted temporarily; that the petitioner so far has not been absorbed under Rule 47(a) and, therefore, he cannot be considered for regular absorption in the Government School even after the expiry of 5 years. In substance, the say of the respondents is that as the petitioner has not been absorbed under Rule 47(1 )(a), he cannot be considered for regular absorption in Government school/aided school even after expiry of 5 years and as he has been drawing his salary from his parent school i.e. Vidya Gyan Mandir Senior Secondary School, Pahari Dhiraj, Delhi. Respondent No. 3 adopted the counter filed by respondents 1 & 2.