KRISHAN GOPAL ARYA Vs. LT. GOVERNOR OF DELHI

JUDGEMENT

(1.) The instant petition under Article 226 and 227 of the Constitution of India has been filed on behalf of the petitioner seeking issuance of writ of mandamus against the respondents thereby directing them to fix the salary in the pay scale of the Principal w.e.f. 28/8/1992, which was at the relevant time at the scale of Rs.2000.003500/-, and to pay to the petitioner all the benefits that may accrue on account of his pay fixation in the abovesaid pay scale alongwith all his arrears with interest @ 18% per annum. The petitioner is also seeking issuance of writ of mandamus thereby directing the respondents to adjust the petitioner against the post of Principal in the school run by the Government of NCT, on account of closure of Shrimad Dayanand Gurukul Sanskrit Mahavidyalya, Khera Khurd, Delhi (hereinafter "School").

(2.) The background of the instant matter is that the petitioner was appointed at the post of TGT (Sanskrit) by the Selection Committee on 2/11/1979 in Shrimad Dayanand Gurukul Sanskrit Mahavidyalaya, private school recognized by the Delhi Administration. The terms and conditions of the petitioner and other employees were governed by the Delhi School Education Act and Rules, 1973. On the said date, the Director of Education conveyed the approval to the appointment of the petitioner as TGT (Sanskrit) in the pay scale of Rs.440.00750/-.

(3.) Thereafter, a vacancy opened at the School for the post of Principal and Departmental Promotion Committee (hereinafter "DPC") was constituted to fill up the post. The DPC was held on 28/8/1992 and it is the case of the petitioner that he was appointed to the said post and he joined the post of Principal in the School.