Wednesday, June 4, 2025
Monday, June 2, 2025
TRIBUNAL ORDERS EQUAL PAY FOR CONTRACTUAL TEACHERS IN MCD
New Delhi, May 21, 2025
In a significant verdict bolstering the rights of
contractual employees, the Central Administrative Tribunal (CAT), Principal
Bench, New Delhi, has directed the Municipal Corporation of Delhi (MCD) to pay
two contractual primary teachers the minimum pay scale equivalent to that of
their regular counterparts, as per the 7th Pay Commission recommendations.
The order was passed by a Division Bench comprising
Hon’ble Mr. Manish Garg, Member (Judicial), and Hon’ble Mr. Rajinder Kashyap,
Member (Administrative), in the case of Shahnaz Perveen and Tehmina Riaz,
both serving as contractual primary teachers in MCD schools since 2003.
The applicants contended that despite performing
duties identical to regular primary teachers, they were being paid
significantly less. They sought parity in remuneration from January 1, 2016,
along with arrears and other consequential benefits.
Referring to landmark judgments, including State of
Punjab vs. Jagjit Singh (2017) 1 SCC 148, the Tribunal upheld the principle
of "equal pay for equal work" and found no justification for the
disparity in pay. The Bench noted that while the South Delhi Municipal
Corporation (SDMC) had already revised the remuneration of its contractual
teachers in 2017, the same benefit had not been extended to similarly placed
teachers in other regions of MCD, which has since been unified.
The Tribunal directed the MCD to pay the applicants
the minimum of the pay scale along with applicable Dearness Allowance and other
emoluments as per the SDMC resolution dated 21.11.2017. The payment is to be
made within three months from the receipt of the order. Failure to do so will
result in interest at the General Provident Fund (GPF) rate on the arrears.
This judgment is expected to have far-reaching
implications for numerous contractual teachers employed under MCD, paving the
way for salary parity and reinforcing the constitutional mandate of equal
treatment in public employment.
https://advocateanujaggarwal.com/home.php
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
Sunday, June 1, 2025
TRIBUNAL QUASHES CANCELLATION OF DOMESTIC SCIENCE TEACHER’S APPOINTMENT, ORDERS RECONSIDERATION
New Delhi, March 4, 2025
In
a major relief to an aspiring teacher, the Central Administrative Tribunal
(CAT), Principal Bench, New Delhi, has quashed the cancellation order
issued by the Directorate of Education, GNCT of Delhi, rejecting the
candidature of Sonu Sharma for the post of Domestic Science Teacher
(Post Code 88/20).
The
Tribunal, comprising Hon’ble Dr. Sumeet Jerath (Administrative Member) and
Hon’ble Ms. Harvinder Kaur Oberoi (Judicial Member), held that Sonu Sharma
fulfilled all the essential and desirable educational qualifications and
directed the respondents to reconsider her appointment within two months,
if she is otherwise found fit.
Background
Sonu
Sharma, a resident of Bhiwani, Haryana, had applied under the UR category for
the post of Domestic Science Teacher through DSSSB Advertisement No. 04/20
dated 04.01.2020. She scored 103.28 marks, significantly higher than the
cut-off of 81.31. She was provisionally selected, issued an offer
of appointment on 15.06.2022, and attended document verification.
However,
in a surprising turn, her candidature was cancelled via order dated
24.11.2023 on the grounds that she did not possess a “Bachelor’s degree in
Home Science,” as allegedly required by the recruitment rules.
Applicant's
Argument
Represented
by advocate Mr. Anuj Aggarwal and team, Sonu contended that she had
studied Home Science as a subject throughout all three years of her B.A.
and also completed a B.Ed. with Home Science as a teaching subject. She
argued that the recruitment rules only required a Bachelor's degree with
Home Science, not necessarily an Honours degree.
She
also pointed out that 194 posts were advertised, but only 104 candidates were
selected, resulting in a shortage of teachers, adversely affecting the Right
to Education under Article 21A of the Constitution.
Tribunal’s
Observations
The
Tribunal noted that Sonu Sharma had:
- A B.A.
(Pass) degree with Home Science as a subject in all three years;
- A B.Ed.
degree with Home Science pedagogy;
- Passed Hindi
at the secondary level (a desirable qualification);
- Scored more
than the last selected candidate in the written exam.
The
Bench held that if the Department wanted only Honours graduates in Home
Science, it should have specified that in the advertisement. In the
absence of such a stipulation, her rejection was found erroneous.
Citing
its earlier ruling in Rachita & Ors. vs. DoE, the Tribunal extended
the same relief to Sonu Sharma.
Order
“The
cancellation order dated 24.11.2023 is hereby quashed. The respondents are
directed to consider the applicant for appointment within two months. The
applicant will be entitled to all notional benefits like fixation of pay and
seniority, but not arrears of pay under the principle of ‘No work, no pay’.”
[Sonu Sharma vs. Directorate of Education, GNCTD
& Ors., O.A. No. 4004/2023, Order dated
04.03.2025, Central Administrative Tribunal, Delhi]
https://advocateanujaggarwal.com/home.php
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
CENTRAL ADMINISTRATIVE TRIBUNAL DIRECTS RECONSIDERATION OF TGT (COMPUTER SCIENCE) APPLICANT’S CASE
New Delhi, January 30, 2025
The
Central Administrative Tribunal (CAT), Principal Bench, New Delhi, has
directed the Government of NCT of Delhi and the Delhi Subordinate Services
Selection Board (DSSSB) to reconsider the candidature of Ms. Asha, a
candidate for the post of TGT (Computer Science) under Post Code 192/14,
who was earlier rejected on the grounds of not possessing the “requisite
qualification.”
A
Division Bench of Hon’ble Dr. Sumeet Jerath (Administrative Member) and Ms.
Harvinder Kaur Oberoi (Judicial Member) passed the order on January 30, 2025,
while hearing OA No. 1425/2018, filed by the applicant challenging the
DSSSB’s Rejection Notice No. 209 dated 10.11.2017.
Ms.
Asha’s candidature had been rejected on the grounds that she did not possess a
graduate degree in Computer Science. However, the applicant, represented by
advocate Mr. Anuj Aggarwal and team, submitted that she holds a Master’s
degree in Computer Applications (MCA), a higher qualification, which should
satisfy the recruitment criteria.
The
Tribunal noted that several other candidates with MCA degrees were considered
and provisionally nominated to the post. It was also brought to light that Asha
had made multiple attempts to upload her documents during the e-dossier window
(October 13–22, 2017) but faced repeated technical glitches, which she
promptly reported via emails, none of which were responded to by DSSSB.
In
its order, the Tribunal held:
“Given
the peculiar facts, it would be in the interest of equity and fair play that
she be given one chance. Others under the same post code with MCA degrees have
been considered and appointed.”
While
declining to strictly apply the Delhi High Court’s ruling in Govt. of NCT of
Delhi v. Pooja Devi, which stated that higher qualifications do not subsume
the lower ones, the Tribunal emphasized that technical errors beyond a
candidate's control should not become grounds for permanent exclusion.
The
Tribunal has directed the DSSSB to consider Asha’s candidature afresh based on
her MCA qualification and decide the matter within three weeks.
[Asha
Vs. Govt. of NCT of Delhi & Ors., OA No. 1425/2018, Central Administrative
Tribunal, Delhi, decided on 30.01.2025 (wrongly recorded as 30.01.2024)]
https://advocateanujaggarwal.com/home.php
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
DELHI HIGH COURT SEEKS RESPONSE ON PETITION CHALLENGING NON-FUNCTIONING OF TRANSPORT TRIBUNAL
New Delhi, December 23, 2024 / April 9, 2025
The
Delhi High Court has issued notice to the Lieutenant Governor of Delhi and
other officials on a Public Interest Litigation (PIL) filed by advocate Lalan
Kumar Singh, raising serious concerns over the prolonged non-functioning of the
State Transport Appellate Tribunal (STAT) in the capital.
The
petition, W.P. (C) 17693/2024, was filed under Article 226 of the
Constitution of India through advocate Anuj Aggarwal and his legal team,
contending that the STAT, a statutory appellate body constituted under Section
89 of the Motor Vehicles Act, 1988, has remained non-functional since June
21, 2022, despite a government notification dated September 27, 2024,
appointing the Principal Secretary (Law, Justice & LA) as its Presiding
Officer.
The
petitioner alleges that due to the tribunal's inaction, more than 1000
appeals against cancellation or suspension of commercial vehicle permits
remain unheard, causing immense hardship to transporters and drivers who
rely on their vehicles for livelihood.
The
petition underscores the lack of judicial functioning, despite statutory
power being conferred, citing reasons such as non-availability of court
setup, staff shortages, and administrative delay. A representation sent by
the petitioner on December 10, 2024, also failed to elicit any response
from the authorities.
The
High Court, comprising Hon’ble Acting Chief Justice Vibhu Bakhru and Hon’ble
Mr. Justice Tushar Rao Gedela, first heard the matter on December 23, 2024,
and issued notice to the respondents. The matter was then listed before Hon’ble
Chief Justice Devendra Kumar Upadhyaya and Justice Gedela on April 9, 2025,
with the next hearing scheduled for August 13, 2025.
The
petitioner prays for a direction to the respondents to make the STAT
functional immediately, in line with the government notification, and to
ensure timely adjudication of pending appeals.
The
case brings into focus the systemic impact of institutional inertia on
access to justice and the livelihood of daily earners in the transport sector.
https://advocateanujaggarwal.com/home.php
https://www.advocateanujaggarwal.com/advocateadmin/img/Finalist/202506011748784633PIL_merged.pdf
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
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