Appointment on the post of Teacher (Primary-Urdu) in MCD – Retrospective recognition to Diploma in Primary Education (DPE) by NCTE – Held, qualification is valid

18.10.2024

Central Administrative Tribunal, Delhi

 

Appointment on the post of Teacher (Primary-Urdu) in MCD – Retrospective recognition to Diploma in Primary Education (DPE) by NCTE – Held, qualification is valid and rejection of candidature by DSSSB is illegal – CAT directed the MCD to offer appointment and grant all consequential benefits including notional seniority

 

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[Nadeem Vs. DSSSB & Ors., O.A. No. 2613/2022, decided on – 18.10.2024, Central Administrative Tribunal, Principal Bench, Delhi]

 

Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

 

Section 8 (2) of the Delhi School Education Act, 1973 – Whether law declared by Supreme Court in Raj Kumar Vs. Director of Education & Anr. [(2016) 6 SCC 541] will have retrospective effect? – Held, yes

08.10.2024

Delhi High Court (DB)

 

Section 8 (2) of the Delhi School Education Act, 1973 – Whether law declared by Supreme Court in Raj Kumar Vs. Director of Education & Anr. [(2016) 6 SCC 541] will have retrospective effect? – Held, yes – Dismissal Order dated 06.06.2013, passed by a private unaided school, without seeking prior approval from DOE, is illegal and the employee is entitled to full back wages and all retiral dues

 

Directive paragraphs of the Order dated 08.10.2024, passed by Delhi High Court (DB) in LPA No. 627/2018 reads as under: -

 

“22. The submission of Mr. Aggarwal that the order dated 6 June 2013 dismissing the appellant from service is liable to be set aside for having been passed without obtaining prior approval of the DOE, as required by Section 8(2) of the DSE Act and Rule 120(2) of the DSE Rules has, therefore, necessarily to succeed.

 

23. For the aforesaid reasons, the dismissal of the petitioner from the services of the respondent school on 6 June 2013 is quashed and set aside. As we are informed that the petitioner has superannuated in 2016, she is entitled to back wages for the period during which she was unable to serve the school on account of her dismissal order and also to whatever retiral benefits she would have been entitled had she retired as a serving teacher of the school.

 

24. The appeal is allowed accordingly.”

 

[Asha Rani Gupta Vs. Ravindra Memorial Public School & Anr., LPA No. 627/2018, decided on – 08.10.2024, Delhi High Court (DB)]

 

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Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

 

 

An employee of Indian Air Force cannot be paid salary less than that being paid to his immediate junior – CAT directed Indian Air Force to step-up/increase the pay scale and pay arrears of salary along with interest at 6% p.a.

12 August 2024

Central Administrative Tribunal, Principal Bench, New Delhi

 

An employee of Indian Air Force cannot be paid salary less than that being paid to his immediate junior – CAT directed Indian Air Force to step-up/increase the pay scale and pay arrears of salary along with interest at 6% p.a.

 

[Shri Rajinder Singh Vs. Indian Air Force & Ors., OA No. 2185/2015, decided on – 12.08.2024, Central Administrative Tribunal, Principal Bench, New Delhi]

 

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Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

 

Part Time Vocational Teacher is entitled to interest at 6% p.a. on the delayed payment of Gratuity – Delhi High Court

16.08.2024

Delhi High Court

 

Part Time Vocational Teacher is entitled to interest at 6% p.a. on the delayed payment of Gratuity – Delhi High Court

 

[Vinay Kumar Sidh Vs. The Lieutenant Governor of Delhi & Ors., WPC No. 13010/2022, date of Order – 16.08.2024, Delhi High Court]

 

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Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

 

 

Leave encashment and gratuity – Private unaided recognized schools are bound to pay leave encashment and gratuity to its employees under the Delhi School Education Act, 1973 and the Payment of Gratuity Act, 1972 respectively – Delhi High Court

18 September 2024

Delhi High Court

 

Leave encashment and gratuity – Private unaided recognized schools are bound to pay leave encashment and gratuity to its employees under the Delhi School Education Act, 1973 and the Payment of Gratuity Act, 1972 respectively – Delhi High Court

 

[Dinesh Chand Sharma Vs. Rukmani Devi Jaipuria Public School & Anr., W.P. (C) No. 682/2022, decided on – 18.09.2024, Delhi High Court]

 

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Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

 

Contractual Swimming Coaches in Govt. of NCT of Delhi – Right to continue in service until replaced by the regular employees

Delhi High Court (DB)

11 September 2024

 

Contractual Swimming Coaches in Govt. of NCT of Delhi – Right to continue in service until replaced by the regular employees

 

Govt. of NCT of Delhi passed an Order whereby it was declared that the contract of service of the contractual swimming coaches shall not be extended beyond 31.07.2024 – Being aggrieved by the GNCTD’s Order, swimming coaches filed an Original Application (OA) before the Central Administrative Tribunal (CAT), Principal Bench, New Delhi – Swimming coaches prayed for interim relief that there services may not be discontinued during the pendency of OA before CAT - CAT issued notice in the Original Application but rejected the prayer for grant of interim relief - Swimming coaches challenged the CAT’s Order, whereby interim relief was rejected, before the Delhi High Court (DB) - Delhi High Court (DB) directed the Government of NCT of Delhi to continue the services of the contractual swimming coaches till the OA is decided by the CAT

 

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[Bhupender Mahalwal & Ors. Vs. Govt. of NCT of Delhi & Ors., WPC No. 12502/2024, Decided on – 11.09.2024, Delhi High Court (Division Bench)]

 

Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

Suspension from service of teacher by a private school, without prior approval from DOE, is illegal – Delhi High Court

Delhi High Court

18 September 2024

 

Suspension from service of teacher by a private school, without prior approval from DOE, is illegal – Delhi High Court

 

Delhi High Court on 18.09.2024 in ‘Umesh Guaba Vs. Modern Child Public Sr. Sec. School (Recognized) & Anr.’, WP (C) No. 4637/2019, held that suspension from service of a teacher by a private school, without obtaining prior approval from the Director of Education, Govt. of NCT of Delhi, is illegal and the teacher is, therefore, entitled to receive full salary for the period of suspension. Directive paragraphs of the Order dated 18.09.2024 are reproduced below for ready reference: -

 

“17. It is pertinent to note that the judgment of the learned Single Judge in Ruchi Malhotra (supra) has been upheld by the Division Bench in Guru Nanak Public School and Another v. Ruchi Malhotra and Another, 2024 SCC OnLine Del 383. In the present case, as noted above, there was neither any prior approval nor the DoE approved the proposal of the School to suspend the Petitioner within 15 days from 05.02.2019 i.e. the date of judgment of this Court in S.S. Tyagi (supra), the suspension order has lapsed on 19.02.2019. Petitioner has superannuated in the meantime on 31.05.2021 and would thus be entitled to all consequential benefits of full salary and allowances from 20.02.2019 in accordance with law. The amounts due to the Petitioner will be calculated by the School and shall be released to her within two months of the date of receipt of this order after adjusting amounts, if any, paid to her towards subsistence allowance.

 

18. Writ petition is allowed to the aforesaid extent and disposed of.”

 

 

[Umesh Guaba Vs. Modern Child Public Sr. Sec. School (Recognized) & Anr., Delhi High Court, WP (C) No. 4637/2019, decided on – 18.09.2024]

 

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Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com