DIRECTOR OF EDUCATION Vs. KRISHNA KUMARI

JUDGEMENT

(1.) THE petitioners, Director of Education, Govt. of NCT of Delhi and Anr. have preferred this writ petition, challenging the order dated 15. 05. 2009 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O. A. No. 1790 of 2008, whereby the Tribunal has allowed the aforesaid Original Application filed by the respondent and issued a direction to the petitioners to accord notional pay fixation to the respondent TGT from 1984. The Tribunal has also held that, consequently, the respondent would be entitled to grant of two increments in notional pay fixation and also to the grant of senior scale of Rs. 6500-10500 on completion of 12 years of regular service in the entry scale of TGT.

(2.) THE respondent was granted notional appointment and seniority as TGT with effect from 1984 on the basis of the judgment of the Supreme Court in Union of india v. Ishwar Singh Khatri and Ors. 1993 (2) SCALE 730. The petitioners, however, sought to deny notional pay fixation to the respondent, on the ground that the Supreme Court had only talked about assigning proper seniority but had not granted the relief of notional pay fixation. This led to the filing of the aforesaid Original Application by the respondent. As aforesaid, the original Application of the respondent has been allowed by the Learned tribunal.

(3.) THE submission of the learned counsel for the petitioners before us is that the respondent could not be given notional pay fixation of pay. We see no justification in the stand of the petitioners.