HARDEEP SINGH Vs. SCHOOL MANAGEMENT

JUDGEMENT

(1.) In this writ petition, three reliefs are claimed. First relief is for salary for the months of April and May, 2011. Second relief is for the grant of yearly increments for the year 2011. Third relief is the claim of the petitioner for being treated as a vacation staff as the petitioner is a Librarian and additionally for grant of an Attendant in the Library.

(2.) So far as the first two reliefs are concerned, they are not disputed on behalf of respondent No.1-school. Therefore, salary for the months of April and May, 2011 be paid to the petitioner if not already paid and the increment for the year 2011 be also paid to the petitioner if not already paid.

(3.) That leaves us with the issue of claim of the petitioner for summer vacation as also for an Attendant in the Library. Though, counsel for the petitioner has very strenuously tried to show that petitioner has contended and made the necessary averments of cause of action that the petitioner is entitled to get summer vacation, however, except stating that petitioner is entitled to summer vacation as summer vacation staff and petitioner is entitled to an Attendant it is not stated that under what provisions of the Delhi School Education Act and Rules, 1973, petitioner is entitled to summer vacation or the petitioner is entitled to an Attendant. Even if we assume that certain averments have been made in the writ petition, however, there is nothing to substantiate by means of any document which could be shown to me as to how petitioner is entitled to summer vacations because of any circular or directions of the Director of Education under the Delhi School Education Act and Rules, 1973. Petitioner is working with the respondent No.1-school which is governed by the Delhi School Education Act and Rules, 1973 and therefore it is only the Director of Education which has the power to issue the appropriate circulars. Circulars filed of CBSE cannot apply as claimed by the petitioner more so, because it is not the contention of the petitioner in the writ petition that the affiliation guidelines of CBSE are being violated by the respondent No.1 and as per the affiliation guidelines petitioner is entitled to summer vacation.