RITA GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is seeking declaration in this petition instituted on 8.12.1993 that her appointment as Assistant Teacher in the Cantonment Board Primary School is liable to be regularised on the basis of the service rendered by her from 11.9.1985 with all consequential benefits. In addition it is prayed that she be held entitled to be appointed as Assistant Teacher on regular basis retrospectively from the date when her services were terminated on 14.5.1986.

(2.) The facts in brief are that the Cantonment Board, Delhi Cantt. through its letter dated 21.1.1985 notified one temporary vacancy of an Assistant Teacher in Cantonment Board Primary School, the duration of which was to be for about 90 days (the period of maternity leave of the regular incumbent of the post). Pursuant to the requisition sent to Employment Exchange, the petitioner's name along with 11 others was sponsored. With reference to her interview dated 11.3.1985, the petitioner on 9.9.1985 was offered the said purely temporary post of Assistant Teacher at a fixed pay of Rs.330.00 per month with authorised allowances. The offer of appointment (annexure-A) also clarified that the petitioner was over age and in case age relaxation is not accepted, her services were liable to be terminated without any notice. The petitioner accepted the offer and remained deployed as an Assistant Teacher against temporary leave vacancy till 13.5.1986. Through letter (annexure-P.2) dated 14.5.1986 her services were terminated. She was again deployed against another leave vacancy for a period of one month in Cantonment Board Primary School, Jharoda, Delhi Cantt for the period from 26.7.1986 to 25.8.1986. Her case for relaxation of age in the meanwhile had been rejected and rejection was conveyed through letter (annexure-C) dated 29.8.1986. The petitioner thereafter was engaged for different spells, namely, for a period of 25 days w.e.f. 28.8.1986; for 30 days w.e.f. 16.2.1987; for another 30 days w.e.f. 18.3.1987 and for a period of 9 days from 17.4.1987 to 25.4.1987 in Cantonment Board Primary School, Jharoda, Delhi Cantt. was on daily wages at the rate of Rs.24.50 per day.

(3.) The petitioner, in the meanwhile, had been representing to the Cantonment Board for regular appointment on the ground that she had worked for a period of more than 240 days. One of such representation made on 18.12.1989 was duly considered by the Cantonment Board Executive Officer and through letter dated 31.5.1990, she was informed that her candidature to the post of primary teacher with Cantonment Board will be considered along with the candidates sponsored by the Employment Exchange, as and when vacancies would arose in future. It is the petitioner's case that she could not be considered for the next recruitment of teachers since she had become overage having crossed 35 years of age limit fixed by the Directorate of Defence Estates, Western Command in accordance with the rules of the Delhi Administration on the subject for recruitment of female teachers to be employed under the Board.