MANORAMA BHATNAGAR Vs. GOVT. OF NCT DELHI

JUDGEMENT

(1.) The applicants held the substantive post of Vice -Principal of different schools of the respondent government and worked as Heads of the Office/Heads of the School at different times till their retirement. They have filed this application claiming the pay scale attached to the post of Principal on the strength of the order of this Tribunal dated 06.11.2009 in OA -1166/2009 in the case of S.C. Gupta and Ors. Vs. Govt. of NCT of Delhi which was allowed in favour of similar claims by the applicants therein. The respondent government challenged the order of this Tribunal before the Honble High Court of Delhi, which, however, upheld the decision of the Tribunal in its order dated 06.09.2010 in Writ Petition (C) No. 724/2010. The respondent government contested this order by filing SLP No. 35338/2010 which was dismissed by the Apex Court on 05.01.2011.

(2.) The applicants are claiming themselves to be similarly circumstanced employees who had discharged the duties of the Head of the Office/Head of the School at different periods before their retirement and are claiming similar benefits. The applicants have also filed an application for condonation of delay.

(3.) Learned counsel for the respondents drew our attention to the averments made by the respondents in paragraph -3 relating to para -wise reply which has set forth the delay in filing the application. Applicant No.1 (Mrs. Manorama Bhatnagar) was allowed to work as Head of the School on 15.10.2002, she retired on 31.10.2008 and has filed this application after more than 10 years; Applicant No.2 (Mrs. Kailash Rani) was allowed to work as Head of the School on 04.08.2005, she retired on 31.12.2007 and has filed this application after seven years; applicant No.3 (Mr. G.S. Sharma) was allowed to work as Head of the School on 27.07.2001, he retired on 02.07.2006 and has filed this application after 11 years; applicant No. 4 (Mr. Bhanwar Singh Sharma) was allowed to work as Head of the School on 01.09.2006, he retired on 31.12.2010 and has filed this application after 6 years; applicant No.5 (Mr. B.P. Tyagi) was allowed to work as Head of the School from 01.10.2007 to 03.07.2001 and has filed this application after 15 years; applicant No.6 (Sh. Vigyanpal Tyagi) was allowed to work as Head of the School on 03.08.2004, he retired on 31.03.2005 and has filed this application after 8 years; applicant No.7 (Sh. Rampal Singh) who was allowed to work as Head of the School on 01.01.996, he retired on 30.06.1997 and has filed this application after 16 years. The delay has been computed from the dates of their working as Head of the Office/School.