USHA HANDA Vs. LT GOVERNOR NCT OF DELHI

JUDGEMENT

(1.) THIS appeal is directed against the order dated 7th February, 2001 passed by the learned Single Judge dismissing the writ petition filed by the appellant. The appellant filed the writ petition contending, inter alia, that although she was appointed as a TGT (Science) by the respondent No. 4, yet she was not given the selection grade in TGT (Science) which action is challenged in the writ petition. An advertisement was issued on 8th June, 1972 inviting applications for the post of Science Teacher (TGT ). The appellant offered herself as one of the candidates. The appellant was appointed as a TGT Teacher in Swami Shivanand secondary School under order dated 28th March, 1973. It was, however, not indicated in the said letter that the appellant was appointed as a Science teacher (TGT ). However, another letter was issued on 29th March, 1973 which described the appellant as TGT Science Teacher and she was shown to have been promoted to TGT Grade as a Science Teacher in the pay scale of Rs. 250-550 w. e. f. 1st April, 1973 which was made subject to the approval of the Department.

(2.) THE appellant placed strong reliance on the aforesaid letter and contended that she was appointed to the TGT Grade as a Science Teacher with the issuance of the aforesaid letter dated 29th March, 1973 and continued to work as such in the Science Stream and, therefore, she was to be considered for grant of the selection grade in the Science stream, whereas the respondent acted illegally in taking up a plea that she is not eligible to be promoted to the aforesaid grade. Such a contention was also raised before the learned Single Judge which was rejected in view of the facts and circumstances of the case which would also be delineated hereinafter in order to decide the issues raised before us.

(3.) IN the aforesaid advertisement which was issued for filing up the posts it was specifically stated that applications should be submitted as against the said advertisement for filing up the post of TGT Science by persons possessing B. Sc. Degree with a combination of either (a) Physics, Chemistry and Math or (b)Physics, Chemistry and Biology. The appellant had only B. Sc. Home Science and she had also filed an application, which application was also considered. She was appointed to the said post although she was not eligible for the said post. That was set right and she was appointed as Domestic Science Teacher by letter dated 16th November, 1974, rectifying the said mistake wherein it was stated by the Education Officer that the change of cadre of Miss Usha Verma, TGT (Science)to that of Domestic Science Teacher in the scale of Rs. 250-550 is approved with immediate effect. It was also stated in the said letter that she would not be given seniority of her last service under the existing rules of the Department.