2018 - Central Administrative Tribunal directed the Delhi Subordinate Services Selection Board (DSSSB) to issue admit cards to the candidates who had filled the offline forms for appointment on the teaching posts.

2018 - Central Administrative Tribunal directed the Delhi Subordinate Services Selection Board (DSSSB) to issue admit cards to the candidates who had filled the offline forms for appointment on the teaching posts.

http://advocateanujaggarwal.com/admin/img/Finalist/2018072915328811752018%20CAT%20-%20Neelam%20&%20Ors..pdf

2018 Central Administrative Tribunal - Clerical mistake in filling the application form cannot be a ground for denying the admit card for written examination for appointment on the post of the Post Graduate Teacher (PGT)

2018 Central Administrative Tribunal - Clerical mistake in filling the application form cannot be a ground for denying the admit card for written examination for appointment on the post of the Post Graduate Teacher (PGT)

http://advocateanujaggarwal.com/admin/img/Finalist/2018072915328806922018%20CAT%20-%20Mohammad%20Mohsin.pdf

Delhi School Tribunal directs an aided school to comply with DST’s Order or else the Manager of the school will be prosecuted under Section 27 of the DSEA, 1973

Delhi School Tribunal (DST) on 10.05.2018, in Execution Petition No. 37/2017, directed the Commercial Senior Secondary School to comply with DST’s Order dated 05.05.2017, passed in Appeal No. 71/2016, failing which the Manager of the school will be prosecuted under Section 27 of the Delhi School Education Act, 1973.

Commercial Sr. Sec. School, Darya Ganj, Delhi is a Government-Aided-School. The school terminated the service of Mrs. Abha Gupta, PGT (Commerce) in the year 2014 by way of refusal of duties. Being aggrieved, Mrs. Abha Gupta challenged her termination before the Delhi School Tribunal (DST). Vide Order dated 05.05.2017, in Appeal No. 71/2016, the DST decided the Appeal in favour of Mrs. Abha Gupta and directed the school to reinstate her in service will all the consequential benefits. Since the School failed to comply with the directions, Mrs. Gupta was constrained to prefer an Execution Petition before the DST.

DST rejected the contention of the school that they have complied with the order and declared that school has failed to grant annual increments and therefore not complied with the order. DST finally directed the school to comply with Order dated 05.05.2017 failing which the Manager of the school will be prosecuted under Section 27 of the Delhi School Education Act, 1973. It may be noted that Section 27, inter alia, provides punishment for a term up to 3 months imprisonment.

http://www.advocateanujaggarwal.com/admin/img/Finalist/2018051515263944132018%20DST%20-%20Execution%20-%20Abha%20Gupta.pdf

Denial of retrospective/antedating the promotion on the post of Deputy Manager (Technical) in IPGCL & PPCL, held illegal

2018 - Delhi High Court - Denial of retrospective/antedating the promotion on the post of Deputy Manager (Technical) in IPGCL & PPCL, held illegal - The stand of Indraprastha Power Generation Company Limited (IPGCL) & Pragati Power Corporation Limited (PPCL) of it being an autonomous body and therefore not being bound by all the DoPT’s Office Memorandums, rejected – Direction issued to IPGCL & PPCL to reconsider the claim of antedating the promotion of 4 Deputy Managers (Technical) in view of DoPT’s Office Memorandum dated 13 April 2010 – Further directed to grant all the consequential benefits in case the petitioners are found eligible – Ajay Kumar Sinha vs. Indraprastha Power Generation Company Limited (IPGCL) & Pragati Power Corporation Limited (PPCL) – W.P. (C) No. 2997/2016, Decided on 16 April 2018, Hon’ble Mr. Justice Sunil Gaur, Delhi High Court.

http://www.advocateanujaggarwal.com/admin/img/Finalist/2018042215243965122018%20Del%20Single%20-%20Ajay%20Kumar%20Sinha%20vs.%20IPGCL.pdf

A Yoga Teacher cannot be removed on the alleged ground of medical unfitness by a private school – Delhi School Tribunal directed reinstatement with costs of Rs. 1,10,000/-

On 08.03.2018, Delhi School Tribunal (DST), Delhi declared that a Yoga Teacher cannot be removed from service on the alleged ground of medical unfitness by a private school. The decision was rendered in Appeal No. 90/2017 entitled “Sunita Sahi vs. Sachdeva Public School”.

Anuj Aggarwal, Advocate, counsel for Ms. Sunita Sahi, argued that the termination of service of Ms. Sunita Sahi on the purported ground that she is unable to carry out her yoga duties constitutes a stigmatic termination of service and, therefore, it was obligatory for the school to conduct an inquiry and comply with the principles of natural justice. It was further argued that since Sachdeva Public School failed to comply with the principles of natural justice, Ms. Sunita Sahi, a confirmed yoga teacher, was entitled to be reinstated in service.

Accepting the submissions made by Anuj Aggarwal, Advocate, the DST declared that the action of terminating the service of Ms. Sunita Sahi by Sachdeva Public School was illegal and Ms. Sunita Sahi was held entitled to be reinstated in service. It was further held that in case Ms. Sunita Sahi could not perform the duties of yoga teacher due to medical reasons, then she should be assigned some other administrative duties. The Appeal preferred by Ms. Sunita Sahi was allowed with cost of Rs. 1,10,000/-.

CAT declares that a candidate can submit her Scheduled Caste Certificate after the cutoff/last date prescribed by DSSSB for appointment on the post of Teacher (Primary) in MCD

On 08.03.2018, the Central Administrative Tribunal (CAT), Delhi declared that a candidate can submit her Scheduled Caste (S.C.) Certificate after the cutoff/last date prescribed by the Delhi Subordinate Services Selection Board (DSSSB) for appointment on the post of Teacher (Primary) in MCD. The decision was rendered in O. A. No. 944/2015 entitled “Jyoti vs. Govt. of NCT of Delhi & Ors.”.

Anuj Aggarwal, Advocate, counsel for Ms. Jyoti, argued that a S.C. candidate is S.C. by birth and S.C. certificate merely certifies a pre-existing fact. He further argued that necessitating upon a certificate dated prior to cutoff date would be arbitrary and it has no rationale objective to be achieved. DSSSB had prescribed 15.01.2010 as the cutoff/last date for submitting the application forms whereas SC certificate was issued to Ms. Jyoti on 04.04.2011 by the Delhi Government.

Accepting the submissions made by Anuj Aggarwal, Advocate, CAT declared that the rejection of the candidature of Ms. Jyoti by the DSSSB for appointment on the post of Teacher (Primary) in MCD on the ground that she procured the SC certificate after cutoff/last date, was illegal. CAT further directed the DSSSB to forward the dossier of Ms. Jyoti for appointment on the post of Teacher (Primary) to the concerned MCD.

Delhi High Court – Land acquisition proceedings get lapsed in case Award is passed by the Collector 5 years prior to the commencement of the Land Acquisition Act, 2013

On 30.01.2018, the Division Bench of the Hon’ble Delhi High Court held that the land acquisition proceedings get lapsed in case Award is passed by the Collector 5 years prior to the commencement of the Land Acquisition, Rehabilitation and Resettlement (LARR) Act, 2013. The said judgment was passed in “Naresh Chandra Rastogi & Ors. vs. Govt. of NCT of Delhi & Anr.” [W.P. (C) 5706/2017].

Anuj Aggarwal, Advocate argued that in view of Section 24 of the LARR Act, 2013, where Award is passed by the Collector 5 years prior to the commencement of LARR Act, 2013 and where either the physical possession of the land has not been taken or the compensation has not been paid/tendered, then the land acquisition proceedings stand lapsed.

The Hon’ble Delhi High Court accepted the submission made by Anuj Aggarwal, Advocate and declared that that land acquisition proceeding initiated by Delhi Government with respect to the land situated in the revenue estate of Village Khanpur, Tehsil Mehrauli, New Delhi, stood lapsed. The Award in the case was passed by the Land Acquisition Collector on 16.07.1987.

http://www.advocateanujaggarwal.com/admin/img/Finalist/2018021815189636292018%20Del%20DB%20-%20NARESH%20CHANDRA%20RASTOGI.pdf