SONICA JAGGI Vs. LT. GOVERNOR

JUDGEMENT

(1.) By this writ petition under Art. 226 of the Constitution of India, the petitioner who is working as Physical Education Teacher in Shakti Mandir Premwati Public School, represented by respondent nos.4 to 6, seeks the relief of being granted the pay scale of Physical Education Teacher at Rs. 5500-9000.00 inasmuch as the petitioner pleads that she is being granted a lower pay scale of Rs. 4500-125-7000.00.

(2.) The petitioner admittedly was appointed as a Physical Education Teacher with the Shakti Mandir Premwati Public School and this is clear from the certificate annexed as Annexure-A to the writ petition which reads as under:- "Shakti Mandir Premwati Public School (Affiliated with C.B.S.E.) 1024, SHAKTI MANDIR, DARYA GANJ, NEW DELHI-110002

(3.) The pay scale of a Physical Education Teacher as per the recruitment rules is Rs. 5500-9000.00 as per the 5th Pay Commission Report in terms of the recruitment rules of the Physical Education Teacher which has been filed as Annexure A-5 to the writ petition. Petitioner therefore being appointed as a Physical Education Teacher would be entitled to the pay scale of Rs. 5500-9000.00 in terms of circular of Director of Education dated 22.1984 read with Sec. 10 of the Delhi School Education Act, 1973 which states that teachers and employees of the private schools will not get monetary benefits which are lesser than similar employees of government schools. The respondent nos.4 to 6/school in the present case is a private unaided school.