Ashok Kumar and Ors v. Lt Governor through Chief Secretary Delhi and Ors

Delhi High Court · 02 Apr 2018 · 2018:DHC:2120
Sunil Gaur
W.P.(C) 3080/2018
2018:DHC:2120
administrative other

AI Summary

The Delhi High Court directed the respondents to consider the petitioners' representation for regularization of Guest Teachers by passing a speaking order within a fixed time while maintaining status quo on their service.

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W.P.(C) 3080/2018
HIGH COURT OF DELHI
Date of Order: April 02, 2018
W.P.(C) 3080/2018 & CMs 12260-62/2018
ASHOK KUMAR AND ORS ..... Petitioners
Through: Mr. Shanmuga Patro, Mr. Tarun Kumar and Mr. Nikhil Patnaik, Advocates
VERSUS
LT GOVERNOR THROUGH: CHIEF SECRETARY DELHI AND ORS .....Respondents
Through: Mr. N.K. Singh, Advocate for Mrs. Avnish Ahlawat, Standing Counsel
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
JUDGMENT

1. For the relief sought in this petition, a Representation (Annexure P-

9) was made by petitioners on 22nd January, 2018 which does not effectively put forth their cause. It is the case of petitioners that an Advertisement for filling up the posts of Trained Graduate Teacher and Post Graduate Teacher has been issued on 20th December, 2017 by Delhi Subordinate Service Selection Board and the process of recruitment has not been concluded. It is pointed out by petitioners’ counsel that a coordinate Bench of this Court vide order of 11th December, 2017 (Annexure P-7 colly.) has already directed that the recruitment process be completed on or before 31st October, 2018. 2018:DHC:2120 W.P.(C) 3080/2018

2. Learned counsel for petitioners submits that petitioners have been working as Guest Teachers for the last 3 to 7 years and the right to seek regularization of their service is protected by the Sarva Shiksha Abhiyan Bill, 2017 (Annexure P-6).

3. In the facts and circumstances of this case, it is deemed appropriate to dispose of this petition with permission to first petitioner to make a composite and concise Representation on behalf of remaining petitioners as well, in light of afore-referred Bill of 2017 (Annexure P-6) to third respondent within a week. Upon receiving the said Representation, third respondent shall pass a speaking order thereon, within a period of four weeks and its fate be conveyed to first petitioner within a week thereafter, so that petitioners may avail of the remedies as available in law, if need be. In the facts and circumstances of this case, status quo as of today in respect of petitioners’ service be maintained till the fate of the said Representation is conveyed to them.

4. With aforesaid directions, this petition and the applications are disposed of. Copy of this order be given dasti to counsel for petitioners.

JUDGE APRIL 02, 2018 s