Dr R.S Gupta v. Anil Bazal, Lt Governor Govt of NCT & Ors

1. The present contempt petition has been filed alleging contempt of the order dated 04.10.2018 passed by this Court in W.P.(C) 9933/2015. By order dated 04.10.2018, there was direction to the respondents to place on record the order absorbing the petitioner in the DAV School, Shankar Nagar.

2. It is the case on behalf of the petitioner that the aforesaid direction as contained in the order dated 04.10.2018 has not been complied with by the respondents as yet. He relies upon the order dated 24.09.2015 which has been attached as Annexure CP/4 along with the present contempt petition, to contend that the stand of the respondents that the petitioner was absorbed in the year 2005 is totally bogus and wrong, as the petitioner was declared surplus in the year 2009-2010. Thus, he submits that there is no absorption letter issued by the respondents thereby absorbing the petitioner. Further, he submits that transfer of teachers from one school to another is not allowed as stated in the order dated 24.09.2015 issued by the Government of NCT of Delhi, Directorate of Education.

3. On the other hand, ld. Counsel appearing for the respondents has drawn the attention of this Court to office order dated 16.08.2015, wherein it is stated that the petitioner is hereby adjusted in DAV Senior Sec. School No.1, Gandhi Nagar, Delhi-31 against vacant post of PGT (English). The said office order dated 16.08.2015 issued by the Directorate of Education, Government of NCT of Delhi is reproduced as below: “ DIRECTORATE OF EDUCATION GOVT.

OF NATIONAL CAPITAL TERRITORY OF DELHI (ACT BRANCH) ROOM NO. 212 "A" OLD SECTT, DELHI-54. NO.F.DE./ACT/2005/1459-14069 DATED: 16.08.05 OFFICE ORDER Shri R. S. Gupta (Eng.) declared surplus in DAV Sr. Sec. School, Chitra Gupta Road, New Delhi, is hereby adjusted in DAV Sr. Sec. School No.l, Gandhi Nagar, Delhi against the vacant post of PGT(Eng.). However, he will draw his salary and allowances from his parent school, DAV Sr. Sec. School, Chitra Gupta Road, New Delhi, till his absorption. This issues with the approval of the Director of Education. Sd/- S.N. Mishra Jt. Director of Education (ACT) No.”

4. Ld. Counsel for respondents further submits that this position has further been clarified by the Directorate of Education, Government of NCT of Delhi, vide their order dated 06.07.2022, wherein it has been stated in very clear terms that the petitioner herein was absorbed in the DAV Senior Sec. School No.1, Gandhi Nagar, Delhi-31 with effect from 02.09.2005, pursuant to issuance of the office order dated 16.08.2005.

5. The order dated 06.07.2022 as issued by Directorate of Education, Government of NCT of Delhi, clarifying the aforesaid position is reproduced as below: “GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI DIRECTORATE OF EDUCATION OFFICE OF THE DY.

DIRECTOR OF EDUCATION, ZONE-XII, DISTRICT:- NORTH-WEST (B-1), Q-BLOCK, MANGOL PURI, DELHI-110083 Tel.No.011-27921878 Email:eozoneexiidnwb@gmail.com No.F.:-Zone–XII/Lit.Br./DNWB-1/2022/1197-1202 Date:- 06/072022 ORDER......... AND WHEREAS, as already submitted that in the instant case of Dr. R.S. Gupta who was earlier adjusted in DAV Sr. Sec. School No.1, Gandhi Nagar vide order dated 16.08.2005 on being declared surplus in his parent School and was later, on routine, transferred to different schools, managed by Hindu Shiksha Samiti which maintains common seniority. Hence, therefore, in the light of above mentioned facts Dr. R.S. Gupta (PGT English) is deemed absorbed in the school run under Hindu Shiksha Samiti since the day of his adjustment/absorption i.e. 02.09.2005 in DAV, Sr. Sec. School No.1, Gandhi Nagar, Delhi-110031. This issues with prior approval of Director of Education. (Dr. Harsha Arya) Dy. Director of Education (North West-B-I)”

6. Thus, it is sought to be contended on behalf of the respondents that the order of absorption of the petitioner has already been filed pursuant to the direction of this Court vide order dated 04.10.2018.

7. In rejoinder, the petitioner in person submits that the aforesaid submission is totally wrong as neither the office order dated 16.08.2005 nor the order dated 06.07.2022, can be considered as order of absorption of the petitioner. He submits that adjustment in school is not same as absorption.

8. Petitioner in person relies upon the order dated 04.04.2022 passed by this Court in W.P.(C) 9933/2015, wherein it has been recorded by this Court that perusal of office order dated 16.08.2005, apparently makes it clear that there has been no absorption of the petitioner. Thus, petitioner in person submits that the respondents are in contempt of the order dated 04.10.2018 as passed by this Court in W.P.(C) 9933/2015.

9. Petitioner in person further submits that there cannot be any deemed absorption, as stipulated in the order dated 06.07.2022, issued by Directorate of Education, GNCTD.

10. The petitioner in person also relies upon the order dated 29.12.2021 issued by Directorate of Education (Aided School Branch) Government of NCT of Delhi, Old Secretariat, Delhi-110054 to show that surplus teachers/employees of Government Aided Schools are adjusted under Rule 47 of DSEAR, 1973 in other Aided Schools. Thus, he submits that adjustment of teachers to other schools cannot be equated with absorption to a school.

11. Petitioner in person also draws the attention of this Court to the order dated 21.08.2009 issued by Directorate of Education with respect to absorption of another teacher, namely, Sh. Mahesh Kumar to contend that the orders of absorption are issued under the approval of the Lt. Governor of Delhi.

12. Petitioner in person further relies upon the order dated 04.08.2016 passed by the Division Bench of this Court in W.P.(C) 5888/2015, titled as Government of National Capital Territory of Delhi Vs. Union of India, and other connected matters to submit that absorption can take place only under the orders of the Lt. Governor. The petitioner in person relies upon the following paragraphs from the said order: