R P SINGH Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) Delhi Administration decided to take over the Higher Secondary Schools and The Middie Schools that were bcing run by the Muncipal Corporation of Delhi. On April 20, 1970, thc Additional Secretary (Education) Delhi Administration, therefore, sent a letter to the Commissioner, Municipal Corporation, enciosing, amongst others, terms and conditions regarding absorption of employees of these schools in the Delhi Administration. At its Special meeting held on May 12, 1970 the Corporation by resolution No. 127 accepted those terms and conditions and agreed to the transfer of The schools along with staff and accessories etc. to Delhi Administration with effect from June l, 1970 or soon thercafter. On May 27, 1970 the Lt. Governor, Delhi, by notification No. F. 26(60)/70-Edn. notified for g nerai information, with the prior sanction of the President of India, that he had decided to take over The Middie (Classes VI-VIII) and Higher Secondary (Classes VI-XI) schools from Municipal Corporation of Delhi with ei ect from Ju y l, 1970. On July 22, 1970 the Director of Education, Delhi Administration, issued an oHIce order intimating the appointmcnt of The staff as shown i'i the statement enclosed therewith on ad-hoc basis from July l, 1970 in the grades indicated against their names as per terms and conditions for absorption rci"errcd to earlicr. This order states that The staff so appointcd had given their unequivocal and written acccptancc for absorption in The service of the Administration. As a resuit of this absorption on terms and conditions adopted by the Delhi Administration, The petitioners who arc ail members of the old staff of the Administration contented that they have wrongly been equatcd with The teaehers of the Corporation schools and that an invidious quota System lias bccn introduced in the matter of their promotions by The terms (jcvised by The Administration which is violative ?f Article 16 of the Cons'titution. Thcy have, therefore, prayed that The conditions of service for absorption mentioned in Annexure 'F' to The petition be quashed and it may be declared that staff of The Corporation schools and the staff of The schools run by the Administration, previous to the. absorption, constituted two separate and distinet cadres and the quota System introduced by the Conditions is violative of Article 16 of the Constitution. Some other reliefs have aiso been prayed for in the petition but it is unnecessary to notice them because they have not been pressed at The time of arguments.

(2.) Delhi Administration and The Directorate of Education, respondents l and 2, in their counter in opposition to The petition, have controverted the allegations made by the petitioners. While admitting thc factual statement as far as the taking over of the Corporatiol: schools and the staff by the Administration is concemed, they have maintained that the employees of the Municipal Corporation absorbed in the service have been placed in an altogether separate cadreseparate from the old employees of The Administration but their posts have rightiy bccn equated with the posts in the Administration service on the reasonable basis of their respective pay-scales and that there is no violation of Article 16 of the Constitution in the matter of promotion as alleged by the petitioners.

(3.) The other respondents 3 to 6 have filed a separate counter-affidavit. They have urged that the petition deserves dismissal for nonjoinder of necessary parties, and for want of particulars in as much as The petitioners have not shown how they are aggrieved persons in the sense as to whether any right of promotion had accrued to them which has actually been adversely affected by The impugned terms and conditions. The other allegations in the petition have aiso been denied.