DHARAMPAL Vs. DIRECTORATE OF EDUCATION AND ORS.

JUDGEMENT

(1.) PETITIONER by this writ petition seeks grant of senior scale w.e.f. 24.3.1987. Senior scale is sought by seeking application of the circulars of the Government of NCT(Department of Education) dated 12.8.1987 and 30.10.1991. Petitioner was appointed as a language teacher in the school -Shree Shiv Middle School, Shivkuti, Teliwara, Delhi -06, and it is claimed that petitioner on completion of 12 years in the selection grade on 24.3.1987 and hence became entitled to grant of senior scale. For the completion of narration it may be stated that even as per the circulars relied upon by the petitioner only one person can be granted senior scale in the school in question. Twice senior scale was given ignoring the petitioner to firstly Ms. Vasu Chimnani (TGT) and secondly to one Sh. Alam Singh (TGT) on 2.8.1998 as per the case of the petitioner. Before I proceed with the present case, certain peculiar aspects should be noted. Firstly, though the school was originally made as a respondent no. 3, this respondent no. 3 -school was deleted as per the request made on behalf of the petitioner as recorded in the order dated 14.8.2008. Secondly, in the writ petition, neither any cause of action is laid nor any reliefs are claimed for cancellation of the orders granting senior scale benefits to Ms. Vasu Chimnani and Sh. Alam Singh of the years 1990 and 1998, and both of whom have also not been made parties to the writ petition. It is noted that a photocopy of the writ petition only exists on record and there is no original copy of the writ petition (probably original may have been misplaced and hence not available, and hence reconstruction of the file), and though in the photocopy of petition as many as 6 respondents including Ms. Vasu Chimnani are shown, however, in reality, as per the memo of parties only three respondents were there being the Director of Education as respondent nos. 1 and 2 and the school as respondent no. 3 (which was dropped as per the statement recorded on 14.8.2008). I am stating the above facts of not laying cause of action and non -joinder of Ms. Vasu Chimnani and Sh. Alam Singh because since only one person can be granted senior scale, and if Ms. Vasu Chimnani and Sh. Alam Singh were wrongly granted the senior scale, such persons had to be made parties to the present petition and a cause of action laid out alongwith reliefs prayed for cancellation of the orders passed granting the selection scale firstly to Ms. Vasu Chimnani and thereafter to Mr. Alam Singh, and without which basis the petitioner cannot be granted the senior scale because senior scale as already stated above can be granted to only one person in the school.

(2.) WITH this preface let me refer to some facts as urged on behalf of the petitioner.

(3.) (i) Though, in my opinion, petitioner seems to be justified so far as merits of his case is concerned by placing reliance upon the Minutes of the Managing Committee Meeting of the School dated 8.10.1991 read with circulars of the Government dated 12.8.1987 and 30.10.1991, inasmuch as, petitioner would be senior to Ms. Vasu Chimnani and Sh. Alam Singh, however, I have no option but to dismiss this writ petition on two grounds. First ground is that since entitlement to senior scale is only for one person, there cannot be double jeopardy against the Government in an aided school whereby senior scale will be granted to the petitioner although Government is out of pocket by paying senior scale first to Ms. Vasu Chimnani and then to Sh. Alam Singh. As already stated above, against Ms. Vasu Chimnani and Sh. Alam Singh no cause of action is laid for cancelling of the senior scale granted to them and they have been also not made parties to the writ petition. Accordingly, in the absence of prayers seeking cancellation of orders granting senior scale to Ms. Vasu Chimnani in 1990 and to Sh. Alam Singh in 1998 and which persons have also not been made parties, and because of the fact that senior scale can only be granted to one person, this writ petition will have to be dismissed.