MONICA JAWA Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) Petitioner is an employee of respondent no.2. She was appointed as a primary teacher. Respondent no.2 school is a recognized school under the Delhi School Education Act, 1973 and, therefore, provisions of the said Act and the Delhi School Education Rules, 1973 apply to the school.

(2.) The grievance of the petitioner is that pursuant to the recommendations of the Vth Pay Commission which were adopted in the year 1997 by the Government of NCT of Delhi, wage revision was effected for the teachers teaching in government schools. In terms of Section 10 of the Act, the scales of pay of teachers employed under recognized private schools cannot be less than those of the employees of the corresponding scales in schools run by the appropriate authority i.e. Government of NCT of Delhi. With the adoption of said pay scales in the government schools, respondent no.2 school became obliged to revise the pay scale of the petitioner by giving to her the replacement scales as per the recommendations of the Vth Pay Commission, implemented by the Government of NCT of Delhi. The school did not give the said replacement scale to the petitioner. She demanded the replacement scales and out of malice, the management of respondent no.2 school started harassing her. It is pleaded that memos were issued to the petitioner on 20.4.1998, 3.8.1998, 13.9.99 and 20.9.99 to create grounds for initiating disciplinary action against her.

(3.) Petitioner alleges that a charges sheet was issued to her on 30.10.1999. Following misconducts were alleged against her:-