RAM AUTAR Vs. DIRECTORATE OF EDUCATION

JUDGEMENT

(1.) The present petition has been filed by the petitioner with the following prayers:-

(2.) The challenge in this petition is primarily to the order dated February 26, 2020 passed by the Dy. Director of Education thereby holding that the Delhi Administration Subordinate Services (Amendment) Rules, 2009 ('Rules of 2009', in short) (notified on February 02, 2010) are not applicable in the petitioner's case and therefore the promotion of the petitioner from the post of Waterman to Lower Division Clerk ('LDC', for short) was not acceded to.

(3.) The brief facts as noted from the impugned order are that the petitioner was initially appointed as a Waterman in Sardar Amar Singh Sher-I-Punjab Pindi Gheb Khalsa Senior Secondary School ('School', in short), an aided minority School on March 07, 1995 and was promoted to the post of LDC by the School Management Committee vide DPC dated September 24, 2011. The Directorate of Education cancelled the said appointment of the petitioner to the post of LDC on the ground that it was in complete violation and non-compliance of the provisions of the Recruitment Rules notified on October 27, 1993, as the said Rules contemplate the appointment to the post of LDC through direct recruitment and not promotion. The effect of the cancellation of the appointment of the petitioner was that the petitioner was reverted back to the post of Waterman vide order dated October 24, 2017. The School also vide order dated November 08, 2017 cancelled the promotion of the petitioner with retrospective effect i.e September 24, 2011 and reverted him to the post of Waterman.