R C SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution has been moved by as many as 32 petitioners. Initially, there were six respondents, but later on by amendment a 7th respondent, Shri R. N. Goswamy was added to the array of parties. The petitioners are all Language Teachers serving in various schools in Delhi under the Department of Education in the Union Territory of Delhi. The petition has set out the history of each one of the petitioners but, it is not necessary to reproduce the entire history of all the petitioners. The basic facts in each case can be summed up in a very few words. With a change of dates, the facts are common to all the petitioners. Each one of the petitioners was appointed as a Language Teacher in the scale of Rs. 100-250. There were at that time two categories of teachers teaching languages-one lot in the pay scale of Rs. 100-250 and another not in the pay scale of Rs. 120-300. There were thus two classes of Language Teachers. It also appears from the submissions made before me that in certain cases, teachers in the grade Rs. 100-250 used to be promoted into the other grade with a pay scale of Rs. 120-300. The Second Pay Commission recommended that the pay scale of the two sets of teachers should be revised to Rs, 160-300 and Rs. 170-380, respectively. The petitioners were first placed in the scale of Rs. 160-300, but later the qualifications held by them were recognised and hence they entered the pay scale of Rs. 170-380, which was on part with the pay scale of other Language Teachers. Still later, many of the petitioners have been posted to a still higher grade, i.e.. to the post of Post Graduate Teacher in the pay scale of Rs. 350-700. The question for decision in this case is as to where the petitioners rank in seniority qua the teachers who were already in the pay scale of Rs. 170-380, at the time of the integration of the two groups. The petition, therefore, raises a point of great general importance concerning all the teachers serving as Language Teachers in Delhi.

(2.) It seems from the fact set out in the petition that a seniority list called the final seniority list of teachers working in the scale of Rs. 190-425 was prepared in April, 1970. This list was prepared after considering various objections. The list as finally settled is annexure 'L' to the petition. It seems that there was no challenge to this seniority list for a considerable period but, later on there were certain changes made in the list. For instance, the position of Shri B. D. Sharma, respondent No. 5 is alleged to have been altered from 1326 to 305A. Similarly, the seniority of Shri R. N. Goswamy, which was at No. 470A was altered to 121 A. This respondent has appeared in this Court and has alleged that actually he was never in the seniority list at all and hence his refixation of seniority is a mistake. I find from annexure 'P-15' which is a circular issued by the Joint Director of Education, Delhi, that Shri R. N. Goswamy's seniority position was changed from 470A to 121A, although he was not in the list at all in 1970.

(3.) The present Writ Petition was filed in 1975, although the seniority list was settled in April, 1970. Hence, one of the questions that is raised in this petition by the respondents is that this is a very much delayed petition. However, the cause of action in this case has arisen as a result of certain representations which had been made by the petitioners at various stages claiming that their seniority had not been properly fixed. The case of the petitioners is entirely based on the seniority rules issued in 1954, which are called the Delhi State Service (Seniority) Rules, 1954. These rules show the manner in which the inter se seniority of various persons in a service has to be fixed. It is also shown that in 1973, the Chief Secretary of Delhi Administration wrote to the Heads of all Departments indicating that it was desirable that the seniority lists should be framed in accordance with the Rules of 1954. It was pointed out in that letter that though the Delhi Administration (Seniority) Rules, 1965 had come into force from 31 st July, 1965, employees appointed prior to that date should have their seniority determined in the light of the previous Rules. It was stated :-