LAWS(DLH)-2013-4-229

DAYANAND SHARMA Vs. GOVT.OF NCT OF DELHI

Decided On April 17, 2013
DAYANAND SHARMA Appellant
V/S
GOVT.OF NCT OF DELHI Respondents

JUDGEMENT

(1.) IN this writ petition there were 3 petitioners. Counsel for petitioners says that petitioner no.3 is no longer interested in pursuing the writ petition since he has already resigned from the school. The writ petition therefore has to be decided so far as petitioner nos.1 and 2 are concerned.

(2.) SO far as petitioner no.1 is concerned, the writ petition sets out the following claims:- (i) Claim of the petitioner no.1 is to be paid the salary of TGT because though the petitioner was appointed as a Primary Teacher, he was asked to teach middle level classes and above and therefore, is entitled to the same pay as of the TGT. (ii) The second claim of the petitioner no.1 is towards arrears as stated in para-8 of the writ petition. (iii) The next claim is towards "arrears of interim reliefs". Interim reliefs are claimed from 1.4.1996 to 30.11.1996. (iv) The next claim is for the bonus for years 1992-1993 to 1995-1996. (v) Earned leave is claimed as per Rule 111 of the Delhi School Education Act & Rules, 1973. (vi) The next claim is towards Leave Travel Concession (L.T.C).

(3.) BEFORE I refer to the defence of the respondent-school, and which school is represented through respondent nos. 3 to 5, I may note that the petitioners have filed no documents whatsoever with the writ petition to substantiate any of the claims raised. The only documents filed by the petitioners are three in number, being two representations to the Director of Education dated 22.4.1996 and 12.10.1996 and thirdly a notice dated 6.12.1996. I am referring this aspect because it is not enough merely to plead/state that a claim should be given, and, it is necessary in law to state as to what is the basis of the claim in the writ petition including giving the basis how such claim lies and to be supported by documents to show how such claim is sustainable. The writ petition is not only wholly bereft of requisite pleadings required for the claims made and as already stated no document has also been filed.