SATYENDRA KUMAR Vs. MAHARAJA AGARSAIN PUBLIC SCHOOL

JUDGEMENT

(1.) Enforcement of provisions of Delhi School Education Act, 1973 regarding payment of salary to petitioner as per prescribed pay scale for TGT and other emoluments i.e. grade pay, HRA, DA @ prevalent rate in compliance of provisions of Section 10 of the Delhi School Education Act, 1973 for the months of September, October and November, 2016 and suspension allowance as per Rule 116 of Delhi School Education Rules, 1973 from the date of suspension is sought in this petition. Petitioner claims to be a TGT (Sanskrit) since 15th July, 2009 and according to petitioner, after completion of 7 years of service, he had called upon the respondent-school to pay the prescribed pay scale of TGT and a legal notice to this effect was sent in October, 2016. It is the case of petitioner that in November, 2016, petitioner was illegally suspended and a charge sheet was issued to petitioner but no inquiry has commenced yet. Petitioner claims that on 12th December, 2016, he had made a Representation (Annexure P-10) to Director of Education to seek the salary etc. but it has not been decided.

(2.) In the counter affidavit filed by the respondent-school, the stand taken is that petitioner is a contractual employee and copy of the contract is annexed as Annexure R-1 with the counter which reveals that petitioner's appointment as TGT (Sanskrit) is on a consolidated pay of '800/- per day and is for the period with effect from 11th July, 2016 to 11th May, 2017. So far as the payment of suspension allowance is concerned, respondent-school along with its counter filed has appended Annexure R-3 which is of 10th January, 2017 whereby the payment of balance salary etc. is sought to be tendered to petitioner who has not come forward to collect it.

(3.) Alongwith rejoinder, Annexure P-12 has been appended to indicate that petitioner was the teaching staff of the respondent-school and as per this annexure, petitioner had rendered service of six years. However, as per Annexure P-13 (Colly) to the rejoinder filed, respondent-school vide Communication of 14th June, 2010 has intimated the Directorate of Education that petitioner is working on ad-hoc basis.