Delhi High Court
18
November 2022
Delhi
High Court stays Suspension Order of a teacher passed by Ravindra Public School
Mr.
S. S. Tyagi is a permanent Trained Graduate Teacher (English) in Ravindra
Public School, Delhi. He was entitled to receive salary as per 7th
CPC in terms of the Delhi School Education Act, 1973. However, the said benefit
was illegally denied by the school.
Being
aggrieved, Mr. S. S. Tyagi, along with 8 other teachers, filed a writ petition
before the Hon’ble Delhi High Court seeking salary as per 7th CPC.
The
school, in order to victimise Mr. S. S. Tyagi, vide Order dated 17.06.2020,
illegally suspended him from service. Mr. S. S. Tyagi challenged his suspension
order dated 17.06.2020 before the Hon’ble Delhi High Court. The Hon’ble High
Court, vide Order dated 01.10.2020, set aside the suspension order dated
17.06.2020.
Thereafter,
vide Order dated 10.01.2022, Mr. S. S. Tyagi was again suspended from service. Mr.
Tyagi challenged his second suspension order dated 10.01.2022 before the
Hon’ble Delhi High Court. Vide Order dated 18.11.2022, the Hon’ble Delhi High
Court stayed the suspension order dated 10.01.2022. The directive paragraphs of
the Order dated 18.11.2022 are reproduced below for ready reference: -
“5.
Issue notice. Ms. Tyagi accepts notice on behalf of respondent no. 3. Upon the
petitioner taking steps, issue notice to respondents no. 1 & 2 through all
permissible modes. Counter affidavit and reply to the application, if any, be
filed within six weeks.
6.
In the light of the decision of the Division Bench in LPA No. 37/2022 the
operation of the impugned orders will remain stayed till the next date.
This would, however, not entitle the petitioner for the present to claim any
arrears for the differential amount. The relevant extract of the decision in
Delhi Public School Dwarka vs. Sarika Prasad & Ors. reads as under:
“27.
Respondent No.1 was put under suspension on 24.02.2020 and the approval of
Director of Education ought to have been received on or before 11.03.2020 and
pursuant to the said date, Respondent No.1 could not have been kept under
suspension and the order of approval granted by Director of Education on
11.03.2021 would not revive the order of suspension which had lapsed on
11.03.2020.”
7.
List on 24.04.2023.”
[S. S. Tyagi Vs. Ravindra Public School & Ors., WP (C)
No. 15898/2022, Order dated – 18.11.2022, Hon’ble Delhi High Court, Next
date of hearing = 24.04.2023]
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