(1.) The writ petitioner seeks a quashing order in respect of the decision/ communication dated 13.4.2004, issued by the first respondent School whereby she was redesignated as Head of Co-curricular activities in the School. The first respondent would be referred to as The School, the second respondent, the Director of School Education, as The Director.
(2.) The School is a recognized, unaided institution governed by provisions f the Delhi School Education Act and the Rules framed under it (referred to as The Act and The Rules, respectively). It had invited applications for filling the post of Head, Primary Wing from amongst women candidates in October, 1989. The eligibility conditions advertised were minimum of 10 years' teaching experience including five year in senior administrative capacity; the pay prescribed was Rs.2200-4250 per month. The petitioner applied along with others and was selected to the post. She joined the service pursuant to an offer of appointment dated 5.1.1990. The appointment letter stated that the starting basic salary would be in the basic of pay scale of Rs.2200-4250. The petitioner was confirmed as a permanent employee, in the post of Head of the Primary Wing, by order dated 1.2.1991 with effect from 12.1.1991.
(3.) It is alleged that the petitioner rendered satisfactory service and was commended on several occasions by school management. Her trouble appears to have started when after implementation of the recommendations of the Central Fifth Pay Commission and general revisions of pay scale, she claimed the revised pay scale of Rs.8,000-13,500. A large body of correspondence ensued, between her and the school, and on 9th November, 1999, the school management granted two additional increments with effect from 1.11.1999, but in respect of the existing pay scale made applicable to her namely, Rs5500-9000 per month. The petitioner continued to voice her grievances claiming that the revised pay scale granted was not as per her entitlement, since Rs.5500-9000 was a replacement of scale for unrevised pay scale commencing with the basic salary of Rs.1400/- per month, whereas she was drawing salary in the pay scale of Rs.2200-4250, from the inception, in her employment with the respondent School.