VEENA LAMBA Vs. CHAIRMAN

JUDGEMENT

(1.) Seven persons had filed W.P.(C) 1853/2003 claiming promotion to the post of TGT in Navyug School where they have been working. There were another similar petitions filed by some more such Teachers for the same relief which are registered as W.P.(C) 621-26/2006. All these petitions were taken up together and decided by the learned Single Judge vide judgment dated 9.1.2006. The learned Single Judge vide this judgment dismissed the petitions holding that the petitioners had no right to claim the relief prayed for by them. Present appeal is preferred by five out of seven of those persons who filed W.P.(C) 1853/2003 challenging the aforesaid order of the learned Single Judge.

(2.) Before we advert to the basis on which these primary teachers lay their claim for promotion to the post of TGT and the reasons given by the learned Single Judge denying this claim, we would like to take note of the basic facts. These appellants were appointed as Primary Teachers by the Navyug School on different dates in 1980. Some of them before this appointment were working as pre-primary teacher. The School at that time was catering to students from the kindergarten to 5 th standard. At the time of its establishment, 8 pre-primary teachers and 40 primary teachers were appointed for teaching in Navyug Schools under NDMC. The prescribed qualification for the post of pre-primary teachers was graduation with Nursery Teachers Training Diploma. The qualification for primary teachers was a trained graduate with good command over spoken and written English and Hindi, with B.Ed.

(3.) In the Academic Session of 1991-1992, the School took the decision to discontinue with KG/pre-primary classes. As a result all the pre-primary teachers including some of these appellants became surplus. Incidentally the pay scale of primary teachers and pre primary teachers were the same from the very beginning.