HIRDESH JAIN Vs. DELHI ADMN

JUDGEMENT

(1.) This is a pathetic tale of the petitioner who has been deprived of salary for the period 4.10.76 to 27.10.77 and has to fight a long battle of litigation. Vide letter dated 25.9.76, the petitioner was appointed on the post of drawing teacher in the pay scale of Rs.425-640/- w.e.f. 4.10.76 and in the said appointment letter it was clearly stated that she was appointed against a vacancy duly sanctioned vide Education Officer's letter dated 6.7.76. In the said appointment letter it was also stated that appointment on the said post was purely temporary and subject to the approval of the Education Officer of NDMC/Director of Education on completion of all formalities as laid down in the Education Act, 1973. Counsel for the petitioner has drawn my attention to the sanction letter dated 6.7.76 addressed by the Education Officer to the Manager/Administrative Officer of the school which clearly shows that sanction was accorded by the Director of Education for the said post of drawing teacher in the pay scale of 425-640/-. The post of drawing teacher, Grade II is shown in serial number 5 in the said sanction letter which is at page 11 of the paper book.

(2.) Counsel for the petitioner contends that the petitioner has been unnecessarily deprived of her salary for the said period and, therefore, the respondents should be liable to pay arrerars of salary along with interest @12 % per annum.

(3.) Mr. Dinesh Agnani counsel for the respondent/school says that the school is not liable to pay the salary for the said period as the petitioner was appointed against the sanctioned post and once she was appointed against the sanctioned post, liability of payments rest with NDMC as the NDMC was granting 95% aid to the school. Mr. Agnani also contends that in the Selection Committee, officer of the NDMC was also present besides other members and in his presence the decision to appoint the petitioner was taken. Mr. Agnani contends that once the decision was taken in the presence of representative of NDMC and that too after the sanction duly accorded by the Director of Education, therefore, the NDMC cannot be allowed to take a stand that the said post was not a sanctioned post.