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3^ HIGH COURT OF DELHI
CONT.CAS(C)139/2015 & CM 3369/2015
PARMANAND(LIBRARIAN) Petitioner
Through Mr.Saurabh Ahuja,Advocate.
CONT.CAS(C)139/2015 & CM 3369/2015
PARMANAND(LIBRARIAN) Petitioner
Through Mr.Saurabh Ahuja,Advocate.
VERSUS
PUNIYA SALILA SRIVASTAVA Respondent
Through Mr.Naushad Ahmed Khan,ASC for GNCT AND
Through Mr.Naushad Ahmed Khan,ASC for GNCT AND
CONT.CAS(C)140/2015 & CM 3371/2015
DHANESH KUMAR(PHYSICAL TRAINING INSTRUCTOR) Petitioner
DHANESH KUMAR(PHYSICAL TRAINING INSTRUCTOR) Petitioner
VERSUS
Through Mr.Naushad Ahmed Khan,ASC for GNCT
WITH
CONT.CAS(C)143/2015 & CM 3423/2015
SURESH CHAND VASHISTH(LIBRARIAN) Petitioner
SURESH CHAND VASHISTH(LIBRARIAN) Petitioner
VERSUS
2015:DHC:10884 J
Through: Mr.Santosh Kumar Tripathi,ASC, GNCT,Delhi.
Through: Mr.Santosh Kumar Tripathi,ASC, GNCT,Delhi.
CORAM:
HON'BLE MR.JUSTICE MANMOHAN
ORDER o/o 15.07.2015 Present contempt petitions have been filed alleging wilful disobedience of the judgement and order dated 06'^ August, 2010 passed by the Division Bench ofthis Courtin a batch ofwrit petitions in which the lead matter was W.P.(C)10640/2009.
The Division Bench by the aforesaid order directed AICTB to decide specifically the issue ofeducational qualification required by the Librarians and Physical Education persons in technical institutes in Delhi and in their scales ofpay. The Division Bench also directed thatspecific approvalshall be granted by AICTB in clearlanguagefor the reason its notification dated 30'*^ December, 1999 vide para 2.3 casts an obligation on AICTB to consider for approval the pay scales to be applied if the State Government seeks not to implement the scales ofpay recommended by AICTB.
In pursuance to the aforesaid order passed by the Division
Bench, the AICTB vide its letter dated 11^ August, 2014 issued clarification regarding applicability of revised educational st qualification to the existing incumbents appointed between 01 January,1996 and 15'^ March,2000.The relevant portion ofthe said clarification is reproduced hereinbelow: s:
"Librarians and Physical training Instructors, who have been recruited between 01.01.1996 to 15.03.2000 in the Diploma LevelInstitutions, with the existing recruitment rules to be consideredfor upgradation under CAS in the next highergrade ofSeniorScale only. Howeverforfurther upward movement under CAS, they are required to acquire minimum educational qualification in a manner similar to that laid down in AICTE notification 2000(Degree level) andsubsequentclarifications."
Admittedly, the said clarification applies to all the three petitioners. The only prayer pressed by the petitioners in the instant cases is thatthe Lt.Governorof Delhi vide order dated 23"^ January, 2014 has approved the pay scalesforLibrariansandPhysicalTraining
Instructors appointed before OL'January,1996and notthereafter.
Mr. Naushad Ahmed Khan, learned Addl. Standing Counsel appearing for GNCT of Delhi states that since the AICTE's recommendations have been accepted by the Government,the order with regard to the petitioners shall be issued in accordance with the
AICTE's notification within a period of eight weeks. He also states thatthesteps willbetakeninaccordance withthe orderdated 3'"'^July, 2015 passed in Cont.Cas.(C)24/2015.
The statements made by Mr. Naushad Ahmed Khan are accepted bythe Courtand respondentis held bound bythesame.
Recording the aforesaid undertaking, the present contempt petitions and applications are disposed of. u manMohan, j
JULY 15,2015 gb
ORDER o/o 15.07.2015 Present contempt petitions have been filed alleging wilful disobedience of the judgement and order dated 06'^ August, 2010 passed by the Division Bench ofthis Courtin a batch ofwrit petitions in which the lead matter was W.P.(C)10640/2009.
The Division Bench by the aforesaid order directed AICTB to decide specifically the issue ofeducational qualification required by the Librarians and Physical Education persons in technical institutes in Delhi and in their scales ofpay. The Division Bench also directed thatspecific approvalshall be granted by AICTB in clearlanguagefor the reason its notification dated 30'*^ December, 1999 vide para 2.3 casts an obligation on AICTB to consider for approval the pay scales to be applied if the State Government seeks not to implement the scales ofpay recommended by AICTB.
In pursuance to the aforesaid order passed by the Division
Bench, the AICTB vide its letter dated 11^ August, 2014 issued clarification regarding applicability of revised educational st qualification to the existing incumbents appointed between 01 January,1996 and 15'^ March,2000.The relevant portion ofthe said clarification is reproduced hereinbelow: s:
"Librarians and Physical training Instructors, who have been recruited between 01.01.1996 to 15.03.2000 in the Diploma LevelInstitutions, with the existing recruitment rules to be consideredfor upgradation under CAS in the next highergrade ofSeniorScale only. Howeverforfurther upward movement under CAS, they are required to acquire minimum educational qualification in a manner similar to that laid down in AICTE notification 2000(Degree level) andsubsequentclarifications."
Admittedly, the said clarification applies to all the three petitioners. The only prayer pressed by the petitioners in the instant cases is thatthe Lt.Governorof Delhi vide order dated 23"^ January, 2014 has approved the pay scalesforLibrariansandPhysicalTraining
Instructors appointed before OL'January,1996and notthereafter.
Mr. Naushad Ahmed Khan, learned Addl. Standing Counsel appearing for GNCT of Delhi states that since the AICTE's recommendations have been accepted by the Government,the order with regard to the petitioners shall be issued in accordance with the
AICTE's notification within a period of eight weeks. He also states thatthesteps willbetakeninaccordance withthe orderdated 3'"'^July, 2015 passed in Cont.Cas.(C)24/2015.
The statements made by Mr. Naushad Ahmed Khan are accepted bythe Courtand respondentis held bound bythesame.
Recording the aforesaid undertaking, the present contempt petitions and applications are disposed of. u manMohan, j
JULY 15,2015 gb
JUDGMENT