Rajwinder Kaur v. School Management of Gyan Devi Salwan Public School & Ors.

1. There are three prayers made in this writ petition. The first prayer is for setting aside the order dated 25.1.2008 passed by the respondent no.1school terminating the services of the petitioner during the probation period. The second relief which is claimed is as regards benefits of 6th Pay Commission Report which has been made applicable to schools. The third 2013:DHC:4573 relief claimed is for grant of higher salary to the petitioner from her original date of appointment.

2. So far as the first aspect is concerned, counsel for the petitioner concedes that since disputed questions of fact are involved with respect to some blank letters having been taken from the petitioner or documents and facts showing alleged unsatisfactory services, this part of the relief can only be decided after leading evidence before the Delhi School Tribunal and therefore, the petition so far as this relief is concerned is to be treated as an appeal filed before the Delhi School Tribunal. Accordingly, accepting the request of the petitioner, this petition is transferred to the Delhi School Tribunal so far as the prayer of the petitioner of challenging the termination of her services by the letter dated 25.1.2008 by the respondent no.1-school is concerned.

3. So far as the second and third reliefs claimed of payment of arrears as per the 6th Pay Commission Report and for payment of higher salary to the petitioner since the date of her first appointment (as payable to teachers in government schools in view of Sections 10 of the Delhi School Education Act and Rules, 1973) is concerned in view of the stand of the respondent no.1-school that all arrears have been paid in terms of the 6th Pay Commission Report, there will have to take place a detailed examination of facts as to what should be the salary of the petitioner since beginning, what the petitioner has actually been paid, what are the amounts which become due on the implementation of the 6th Pay Commission Report, what are the consequential monetary emoluments granted to the petitioner, if any arrears remain under any of the heads as stated above then what are those arrears if any. This aspect can be best decided by the competent authority and which would be the Director of Education in this case. The Director of Education, will know what are the actual monetary emoluments which are legally payable to the petitioner, and whether the petitioner has or has not been paid all her monetary emoluments as prayed in this writ petition.

4. Accordingly, it is agreed that so far as the second and third prayers are concerned, these issues be referred to the Director of Education who will appoint a nominee who will decide the aspects of the second and third relief by passing of speaking order. In order to decide the issue of any arrears still being payable to the petitioner on account of second and third reliefs, as stated above, petitioner will give a detailed representation to the nominee of the Director of Education as to how different amounts under different heads were payable for different periods are claimed by the petitioner, what amounts the petitioner has received, and what according to the petitioner are arrears according to law which have not been paid to the petitioner. Copy of this representation will be given to respondent no.1 and the respondent no.1school will be entitled to file its reply thereto. Both representations of the petitioner and the respondent no.1-school be considered by the nominee of the Director of Education, and who should thereafter pass a speaking order as to whether or not petitioner has or has not been paid the monetary emoluments which is claimed in terms of the second and third prayers as stated in this order. The nominee of the Director of Education will give a personal hearing to the parties or their representatives before passing a speaking order. The speaking order will be communicated to the parties as also their counsels. In case, it is necessary for any records to be produced before the nominee of the Director of Education, respondent no.1-school will produce the relevant records pertaining to the employment of the petitioner.

5. The writ petition is accordingly treated as an appeal to the Delhi School Tribunal under Section 8(3) of the Delhi School Education Act, 1973 so as to determine the validity of termination of services of the petitioner. So far as the second and third reliefs/aspects are concerned, these aspects are referred to the Director of Education or his nominee for being decided in terms of the observations made in this order. The Director of Education or his nominee is requested to hear the parties and complete the proceedings by passing a speaking order within a period of 3 months of receipt of copy of the present order. Parties are left to bear their own costs.

SEPTEMBER 11, 2013 VALMIKI J. MEHTA, J. ib