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%o3O.09.2011
Present: Mr. B.R. Sharma for the petitioner.
Mr. Adi$a Madan for respondent No. 1.
Mr. Jasmeet Singh with Mr. Saurabh Tiwari for respondent
No. 3.
+W.P.(CI No. 5445/201O
*
The grievance raised by the petitioner in the present petition is that his case for the grant of selection grade was not considered by the
DpC in terms of the directions given by this Court vide order dated l-1.1j-.2008. Contention raised by the counsel for the petitioner is that the petitioner was entitled to grant of selection grade in his own category i.e. TGT (language) Hindi and for the grant of the selection grade the petitioner was not required to put in 12 years service as per the applicable rules. Counsel further submits that the committee has rejected the case of the petitioner on the ground that he was not eligible for the grant of selection grade as on the date of 10.2.1988 there was no such provision for granting selection grade and so far the grant of senior scale on the completion of the said period was concerned, the petitioner was already granted the said scale w.e.f.
10.2.1988. Counsel thus urges that the petitioner was not claiming grant of senior scale on the completion of his 12 years period but he in his suit as well as in his appeal had claimed grant of selection grade t
2011:DHC:15744 f'r 3 and the petitioner was only eligible candidate for the entitlement of the said selection grade in his category of TGT (language) Hindi w.e.f.
10.2.L988.
Having taken into consideration the aforesaid submission made by counsel for the petitioner and after having heard learned counsel representing the respondents, this Court is of the considered view that the DPC should consider the case of the petitioner afresh for the grant t] of selection grade and not for senior or selection scale in terms of the applicable rules and circulars. The DPC shall be constituted by the respondent within a period of four weeks from the date of this order and decision on the said claim of the petitioner shall be taken by the
DPC within a period of four weeks thereafter.
With the above directions, the present petition is disposed of, Dasti.
,, September 3O, }OLL rkr
GAMBHIR, J
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Present: None for the applicant.
Mr. Aditya Garg for the respondent GNCT.
+CM No. 1747412O11 in W.P(C) No. 5445/2O10
By this application filed under Section 151 & 152 CPC r-' the petitioner/applicant seeks modification of the order dated rl
30.9.2011.
It is stated in the application that in the order dated
30.9.20L1 due to typographical error the date has been typed as
'L0.2.1988' instead of '10 .2.L97 6' .
The order dated 30.9.20L1 is modified to the extent that the date mentioned as '10,2.1988' be read as 'l-0.2 .1976', The application stands disposed of.
-]
A
I nl ranWtrBHrR,J ocToBER 24, ?OTL mg l\
Present: Mr. B.R. Sharma for the petitioner.
Mr. Adi$a Madan for respondent No. 1.
Mr. Jasmeet Singh with Mr. Saurabh Tiwari for respondent
No. 3.
+W.P.(CI No. 5445/201O
*
The grievance raised by the petitioner in the present petition is that his case for the grant of selection grade was not considered by the
DpC in terms of the directions given by this Court vide order dated l-1.1j-.2008. Contention raised by the counsel for the petitioner is that the petitioner was entitled to grant of selection grade in his own category i.e. TGT (language) Hindi and for the grant of the selection grade the petitioner was not required to put in 12 years service as per the applicable rules. Counsel further submits that the committee has rejected the case of the petitioner on the ground that he was not eligible for the grant of selection grade as on the date of 10.2.1988 there was no such provision for granting selection grade and so far the grant of senior scale on the completion of the said period was concerned, the petitioner was already granted the said scale w.e.f.
10.2.1988. Counsel thus urges that the petitioner was not claiming grant of senior scale on the completion of his 12 years period but he in his suit as well as in his appeal had claimed grant of selection grade t
2011:DHC:15744 f'r 3 and the petitioner was only eligible candidate for the entitlement of the said selection grade in his category of TGT (language) Hindi w.e.f.
10.2.L988.
Having taken into consideration the aforesaid submission made by counsel for the petitioner and after having heard learned counsel representing the respondents, this Court is of the considered view that the DPC should consider the case of the petitioner afresh for the grant t] of selection grade and not for senior or selection scale in terms of the applicable rules and circulars. The DPC shall be constituted by the respondent within a period of four weeks from the date of this order and decision on the said claim of the petitioner shall be taken by the
DPC within a period of four weeks thereafter.
With the above directions, the present petition is disposed of, Dasti.
,, September 3O, }OLL rkr
GAMBHIR, J
U^ \)q+q \ t, - @r&,'t\;* t bff1ndl"q'Prrrnr
/ \dv
N{w
L
L4#
% 24.t0.20Lt
Present: None for the applicant.
Mr. Aditya Garg for the respondent GNCT.
+CM No. 1747412O11 in W.P(C) No. 5445/2O10
By this application filed under Section 151 & 152 CPC r-' the petitioner/applicant seeks modification of the order dated rl
30.9.2011.
It is stated in the application that in the order dated
30.9.20L1 due to typographical error the date has been typed as
'L0.2.1988' instead of '10 .2.L97 6' .
The order dated 30.9.20L1 is modified to the extent that the date mentioned as '10,2.1988' be read as 'l-0.2 .1976', The application stands disposed of.
-]
A
I nl ranWtrBHrR,J ocToBER 24, ?OTL mg l\
JUDGMENT