ANITA SHARMA v. KULACHI HANSRAJ MODEL SCHOOL

1. By this writ petition a direction in the nature of a mandamus has been sought by the petitioners so as to include the petitioners on the roll of permanent employees of respondent no.1 school. 1.[1] A consequential prayer has been sought for reinstatement and continuity of service with full wages. 1.[2] The petitioners aver that they are qualified teachers who have been working with respondent no.1 school for several years. It is claimed that the petitioners were engaged to teach students who belong to Economically Weaker Sections (EWS) of the Society under the EWS Scheme. 1.[3] It is the claim of the petitioners that though no appointment letters were issued to them, the methodology followed by respondent nos.[1] and 2 to 2014:DHC:347 keep them on rolls was to have the petitioners mark their presence on the attendance register. 1.[4] It is also averred that the petitioners were being paid a salary of Rs.6,000/- p.m.; far below the minimum wages. Apparently, the petitioners were terminated from service on 01.08.2013.

2. It is in this background that the petitioners made a representation dated 05.09.2013, which was addressed to respondent nos.[1] and 2 as well as respondent no.3 i.e., the Director of Education. The learned counsel for the petitioner says that there has been no response from any of the respondents to the representation made by the petitioners. His specific assertion in this behalf is qua respondent no.3. In order to buttress his submission that the said representations were despatched, my attention is drawn to the receipt issued by the postal authority in this behalf, especially the receipt pertaining to respondent no.3. 2.[1] I must note that the requisite details and documents with regard to the payment of salary and any other detail which would show that the petitioners were engaged as teachers with respondent no.1 school are not filed by the petitioners. On being queried the learned counsel for the petitioner says that he would be in a position to produce evidence of payment of salary.

3. Having regard to the overall circumstances, it is thought fit to direct respondent no.3 to carry out an enquiry into the matter and while doing so, deal with the representation which has been despatched on 05.09.2013 and is appended to the paper book; a copy of which has been supplied to respondent no.3. 3.[1] In carrying out the enquiry, respondent no.3 will adhere to the relevant provisions of law and give due opportunity to all parties which would include the petitioners as well as the other respondents herein.

4. With the aforesaid directions in place, the writ petition is disposed of.

5. Registry to despatch a copy of this order to respondent nos.[1] to 3; albeit without insistence on process fee.

RAJIV SHAKDHER, J JANUARY 21, 2014 yg