GOVERNMENT OF NCT OF DELHI Vs. VIJAY KUMARI

JUDGEMENT

(1.) This writ petition challenges the order dated 1.8.2005 passed by the CAT in O.A.No.1138 of 2005.

(2.) On 11th of January, 1986, three tier pay scales systems were made applicable to teachers by Fourth Pay Commission and were implemented vide notification dated 13.4.1986 and 22.9.1986. The three scales were (1) entry scale of Rs.1400-2600; (2) Senior Scale (after 12 years) Rs.1640-2900 and (3) Selection Scale(after 12 years in Senior Scale and attainment of qualification) Rs.2000-3500. On 19th of December, 1991, the respondent was appointed as TGT(Natural Science) in the entry scale of Rs.1400-2600 revised by the Vth Pay Commission to Rs.5500-175-9000. The Fifth Pay Commission also issued certain recommendations pertaining to Assured Career Progression Scheme(ACP Scheme) for the Central Government employees. On 25th of August, 2003, a notification was issued for application of ACP Scheme to teachers of the Directorate of Education w.e.f. 9th of August, 1999.

(3.) According to the petitioner, the ACP Scheme replaced the existing scheme of three tier pay scale of Senior Scale/Selection Scale w.e.f. 9.8.1999 and denied the senior scale. On 19th of April, 2004, the petitioner No.4, Joint Director of Education(Admn.) passed the orders withdrawing the benefits of senior scale granted to teachers after 9th of August, 1999. On 1st of August, 2005 the OA of the respondent before the Tribunal was allowed. Hence, this writ petition.