J.K. TIWARI Vs. DELHI ADMINISTRATION AND OTHERS

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged the orders dated 2-11-1977 and 19-11-1977 passed by the Directorate of Education directing the respondent No. 4 to allow the respondent No. 5 to join duties immediately and also for a further direction to give to the petitioner the seniority grade, pay and other benefits and privileges which he is otherwise entitled to get as P.G.T. (Hindi) with effect from 2-2-1974, the date from which he was asked to discharge the duties of the said post and in fact, functioned as such.

(2.) The petitioner was appointed in the Marwari Higher Secondary School, Nai Sarak, Delhi as a T.G.T. on 25-10-1960 At the time of his appointment, he was an M.A. in Hindi and was qualified to be appointed as P.G.T. (Hindi). Further it is stated in the writ petition that as the respondent No. 5 who was working as P.G.T. (Hindi) stopped attending the school and as he informed the Managing Committee of the said School that he was joining another school as its Principal with effect from 2-2-1974, the petitioner was instructed by the Manager and Principal of the school to teach the higher classes which were being taught by respondent No. 5. He was told by the Principal and Manager of the school that he should work as P.G.T. (Hindi). The management of the school also wrote letters to the Directorate of Education giving approval for giving promotion and appointment to the petitioner as P.G.T. (Hindi). However the Deputy Director of Education informed the management of the school that the removal of the respondent No. 5 was not in accordance with the procedure and that he should be allowed to join duties by 30-11-1974. The Directorate of Education did not, therefore, grant any approval to the decision of the Managing Committee of the school to promote and appoint the petitioner as P.G.T. (Hindi).

(3.) Being aggrieved by the aforesaid decision of the Directorate of Education, the petitioner filed the present petition seeking quashing of the decisions given in the letters dated 2-11-1977 and 19-11-1977 issued by the Directorate of Education with a further relief that the Directorate of Education be directed to accord approval to the decision of the Managing Committee giving promotion and appointment to the petitioner as P.G.T. (Hindi) and also to give to the petitioner his seniority, grade pay and other benefits and privileges which he was entitled to get as P.G.T. (Hindi) with effect from 2-2-1974.