RAMJI LAL SHARMA Vs. LT GOVR OF DELHI

JUDGEMENT

(1.) THE petitioner Ramji Lal Sharma was appointed as a language teacher (Sanskrit) Grade-II on 6. 1. 1971 in the Anglo-Sanskrit V. J. Higher Secondary school, Daryaganj. The said school is an aided school which was/is run and managed by Shri Ram Education Foundation. The said foundation was also managing another school called Commercial Higher Secondary School. Both the schools had a common seniority list and the employees including teachers could be transferred and promoted from one school to the other.

(2.) IN 1974, post of Post-Graduate Teacher (Sanskrit) fell vacant in Commercial higher Secondary School, but the petitioner was not appointed. One Mr. J D gautam, junior to the petitioner was appointed to the post of post-graduate teacher as a case of direct recruitment. The petitioner made representations against his non-promotion/appointment. He also wrote to the Department of education.

(3.) AFTER about 12 years on 4. 3. 1987, it was decided to create a post of post-graduate teacher (Sanskrit) in lieu of one post of TGT (Sanskrit) and give notional promotion to the petitioner retrospectively to the said post with effect from 12. 4. 1974. The promotion of the petitioner to Post-Graduate Teacher (Sanskrit) was also approved by Directorate of Education on 11. 6. 1987. Minutes of the meeting held on 4. 3. 1987, pursuant to which it was agreed that the petitioner would be granted notional promotion, records the reason why the petitioner was granted notional promotion with effect from 12. 4. 1974. Shri Ram education Foundation was maintaining a common seniority list of the two schools mentioned above. It however, appears that after enforcement of the Delhi School education Act, 1973 separate seniority list for teachers of the two schools was directed to be maintained by the Directorate of Education. This was challenged by Shri Ram Education Foundation in a writ petition before the High Court. Shri ram Education Foundation succeeded by judgment dated 2nd May, 1984. It may be noted here that the post of Post-Graduate Teacher (Sanskrit) had fallen vacant in 1974 in Commercial Higher Secondary School, and the petitioner at that time was working in Anglo-Sanskrit V. J. Higher Secondary School.