SAMARTH SHIKSHA SAMITI Vs. BRIJ BALA GUPTA

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the order allowing the writ petition filed by respondent No.1 (hereinafter referred to as "the teacher") whereby the appellants were directed to place the teacher in the senior scale of TGT (Head Mistress) as per the circular dated 12.08.1987 with effect from 01.07.1993 and also to extend the benefit of replacement scale with effect from 01.01.1996.

(2.) The short question that arises in this appeal is as to whether the teacher would be entitled to the benefit of senior of pay scale applicable to trained graduate teachers/Headmistress in terms of the 4 th National Commission on Teachers (4th Central Pay Commission) dated 12.08.1987. A notification was issued by the Delhi Government, following the above recommendation, which reads as under:

(3.) For the purpose of entitlement to senior scale, the teacher should have put in 12 years of qualifying service. Such claim of the teacher was rejected by the appellant, which was questioned in the writ petition. The learned Single Judge allowed the writ petition filed by the teacher.