RANA PRATAP CHOURASIA Vs. GOVT. OF NCT OF DELHI THROUGH THE CHIEF SECRETARY, DELHI SECRETARIAT, I.P.ESTATE, NEW DELHI

JUDGEMENT

(1.) The Applicant has filed this Original Application against the Memorandum dated 03.09.2003 issued to him by the respondent No.4 i.e. the then Director of Education, Sh. Rajendra Kumar directing him to appear before the Medical Board, L.N.J.P. Hospital, New Delhi for his medical examination as he was reported to be a patient of Heart Disease, Old Pulmonary T.B. and Chronic Bronchitis. He is further aggrieved by the letter dated 30.10.2003 of the Deputy Director (Sectt. Edn.) to the Regional Director (South) stating that the Principal of Government Co.Ed.S.S.S., Paprawat, New Delhi where he was earlier working as Vice -Principal failed to serve the aforesaid letter dated 03.09.2003 upon him and, therefore, it shall be served upon him, if considered necessary, through Police Protection as he has since been transferred and posted with Vasant Vihar, New Delhi. A copy of the aforesaid letter dated 03.09.2003 was also endorsed to the Medical Superintendent, L.N.J.P. Hospital, New Delhi with the following request: - Shri R.P. Chaurasia, Vice -Principal, may please be got examined medically by a Medical Board essentially comprising a psychiatrist as one of its constituent members as the officer concerned is reported not to be mentally sound and this Department is thinking of considering him as a case of incapacitated for service. Accordingly, it is requested that the officer concerned may be got examined by the Medical Board and result thereof be communicated to this office immediately. Again, vide Memorandum dated 15.09.2004 issued in continuation of the aforesaid Memorandum dated 3.9.2003, the Dy. Director of Edn. directed the applicant to appear before the same Medical Board on 16.09.2004. As he failed to appear before the Medical Board as directed vide notice dated 7.12.2004, he was asked to show cause as to how would account for his conduct in not receiving the official memo dated 15.09.2004 referred to above meant for his medical examination by the Medical Board and as to why he should not be reverted from the post of Vice -Principal to the post of PGT/Lecturer and not to initiate disciplinary proceedings against him for exhibiting a character unbecoming of a Govt. servant. His further grievance is that, vide order dated 16.02.2005, the ad hoc promotion granted to him as Vice -Principal vide order dated 26.11.2002 was cancelled with immediate effect and reverted him back to the post of PGT. The last order by which he is aggrieved is the order dated 12.04.2005 by which many of his juniors have been promoted as Principals in the pay scale of Rs. 7500 -250 -12000/ - but he has been denied the promotion.

(2.) The brief facts which are necessarily to be considered for the adjudication of the issues raised in this Original Application are delineated hereunder. Applicant was initially appointed as a Trained Graduate Teacher (TGT for short) (General) on 16.7.1981. Thereafter, he was appointed as a TGT (Hindi) and then as a Post Graduate Teacher (PGT for short) (Hindi).

(3.) His turn for promotion as Vice Principal came in the year 2001. But, according to the applicant, the respondent No.4, delayed his vigilance clearance and thereby denied him promotion in time. The applicant, has therefore, submitted several representations dated 27.9.2002, 7.10.2002 and 16.10.2002. Finally, the Dy. Director of Education (District South West -B) gave the vigilance clearance certificate only on 30.10.2002. Thereafter, the DPC held on 11.11.2002 recommended his name for promotion and vide Annexure A -6 order dated 26.11.2002, he was promoted as Vice Principal on purely ad hoc and emergent basis for a period of six months or till regular appointments are made, whichever is earlier.