Dr.Vijendra Mahndiyan, Adv. with Ms.Pallavi Awasthi, Adv. v. THE DIRECTOR OF EDUCATION & ORS

1. These three writ petitions have been filed by the petitioners seeking identical relief for grant of selection scale with effect from April 1, 1996. 2015:DHC:11398 p K)

2. It is the case ofthe petitioners that the petitioners were granted Senior Scale inthe year 1984. Interms ofthe instructions issued by the Directorate' ofEducation, a teacher while in Senior Scale, will be granted, after 12 years,; the selection scale of the respective cadre. The instructions also stipulate that the same shall be restricted to 20% ofthe number of posts of the Senior Scale of the respective cadre, and subject to screening regarding satisfactory performance, by the appropriate D.P.C.

3. A press note was issued on April 25, 2008 whereby the applications were called for from the teachers, who have completed 12 years ofservice in the Senior Scale for considering the case for Selection Scale.

4. It is the case of the petitioners that pursuant to the press note, they had applied for grant of Selection Scale but their case was not considered.

5. The respondent Nos. 1 and 2 have filed their reply wherein they have stated that the school has informed the department, that it has granted Selection Scale to 29 persons. They also state that with effect from April 1, 1996, 3 persons, who were working in the same school i.e. R.B. Ram Roop Vidya Gyan Mandir Senior.Secondary School, were given benefit of selection scale. In para 8 of the reply, the respondents state that the case of the petitioners can be considered for Selection Scale in terms of circular N dated August 12, 1987.

6. During the course of the submissions, learned counsel for the petitioners has drawn my attention to the order dated May 15, 2013 passed by this Court in W.P.(C) 7384/2012 wherein, this Court, on identical facts, wherein the claim of the petitioners was for grant of Selection Scale with effect from April 1, 1996, had directed the respondents, after giving the petitioners therein the copy of the ACRs, to consider the case of the petitioners therein for grant of Senior Scale in accordance with the law.

7. Mr.Satyakam, learned Additional Standing Counsel appearing for the respondent Nos. 1 and 2 states that, if the school gives all the required documents, the respondent Nos. 1 and 2 shall consider the case of the petitioners also for grant ofselection scale. I

8. If that be so, the respondent No. 3-School shall, within a period of four weeks from today, submit to the respondent Nos. 1 and 2 all the necessary documents including the seniority list so as to enable respondent Nos. 1 and 2 to convene a D.P.C. and consider the case o: the f the petitioners for grant of Selection Scale in accordance with the law, within eight weeks, and pass such orders as necessary and communicate outcome ofthe D.P.C. to the petitioners within three weeks thereafter. the

9. The petitions are disposed of in terms ofthe above.

V. kameswaiT^o, j