High Court of Delhi
BADAR DURREZ AHMED & V.K. JAIN
Harish & Another
Versus
Lt. Governor, NCT of Delhi & Others
W.P. (C) 1528 of 2012
Decided On : 01-05-2012
Part-Time Vocational Teachers - Employment Conditions - Delhi School Education Rules 1973, Rule 101 - The court discussed the employment conditions of part-time vocational teachers and their entitlement to regular job status and remuneration. The judgment highlighted the legal provisions of Delhi School Education Rules 1973, Rule 101, and its applicability to private schools, not government schools. The court emphasized that part-time teachers are not similarly situated to full-time teachers due to differences in working hours and responsibilities.
Fact of the Case:
The petitioners, part-time vocational teachers, sought declaration as regular employees and entitlement to half of the salary of regular teachers. The court analyzed the employment conditions and remuneration of the petitioners, finding that they were not entitled to the same benefits as regular teachers.
Finding of the Court:
The court found that the petitioners were not entitled to regular job status or 50% of the salary and allowances of regular teachers. The court emphasized that part-time teachers were not similarly situated to full-time teachers due to differences in working hours and responsibilities.
Issues: The issues involved the entitlement of part-time vocational teachers to regular job status and 50% of the salary of regular teachers.
Ratio Decidendi: The court held that part-time teachers were not similarly situated to full-time teachers and were not entitled to the same benefits. The judgment emphasized the differences in working hours and responsibilities between part-time and full-time teachers.
Final Decision: The writ petition was dismissed as the court found no legal infirmity in the impugned order dated 31.10.2011.
V.K. JAIN, J.
1. This writ petition is directed against the order dated 31.10.2011, passed by the Central Administrative Tribunal, Principal Bench, New Delhi (herein after referred to as “he Tribunal”, whereby OA 4182/2010 filed by the petitioner was dismissed. The petitioners were appointed as part-time vocational teachers in terms of a Scheme of the Government introduced in the year 1977-78, purely on contingent basis. The terms and conditions of their appointment indicated that the appointment could be terminated at any time without assigning any reason/notice. It was further stipulated that the appointment would not entitle them to any regular job under the Directorate of Education. The remuneration payable to them was fixed at Rs.80/- per hour for theory classes and Rs.50/- per hour for subjective classes, subject to maximum of Rs.2,000/-per month. The remuneration payable to the petitioners was later increased by Rs.3,500/- (consolidated) revised per month, subject to their teaching minimum 12 periods per week to qualify for the maximum limit of the remuneration/honorarium. It was also stipulated in the order that the honorarium/remuneration shall be calculated on the basis of actual teaching periods. In the event of the number of periods being less than the prescribed limit, the remuneration was to be reduced proportionately. While revising the remuneration, it was reiterated that the appointment was purely on contingent basis and could be terminated without assigning any notice. It was also clearly stated that the appointment would not entitle the petitioners to any regular job under the Directorate of Education. The remuneration was further revised to Rs.5,000/-per month (consolidated), subject to the conditions that they would teach a minimum of 16 periods per week or 64 periods per month, to qualify for the enhanced maximum limit for remuneration. The remuneration was to be calculated on the basis of actual teaching periods and in case the number of periods was less than the maximum prescribed limit, the remuneration was to be proportionately reduced. By the order dated 06.08.2008, the remuneration was increased to Rs.8,200/- per month w.e.f. 01.07.2008.
By a notification dated 06.07.2009, the remuneration was enhanced from Rs.8200/- to Rs.11,140/- in case of Part-Time Vocational Teachers on contract basis who were not qualified as per Recruitment Rules (RRs) for the post of PGT (Vocational) and Rs.13,160/- for those Part-Time Vocational Teachers on contract basis who were qualified in terms of the said Recruitment Rules (RRs). The revision of remuneration was subject to the condition that they would take 32 periods per week, which is also prescribed for regular teachers and in case the number of periods was less than the prescribed limit, their remuneration shall be proportionately reduced.
2. OA No. 1748/2010 was filed by the petitioners seeking a declaration that they were regular employees of the Government and entitled to half of the salary of regular teachers. They also sought the pay applicable to PGTs on the principle of “equal pay for equal work”, from the date they were asked to impart studies for 32 periods in a week. The OA was disposed of vide order dated 26.5.2010, by directing the respondents to consider the representation of the petitioners and pass a speaking order. The representation was rejected by the respondents by a speaking order dated 9.9.2010, which was challenged by them in OA No. 4182/2010. The said OA having been dismissed, the petitioners are before this Court by way of this writ petition. The Tribunal while dismissing the OA filed by the petitioners observed that the issue involved in the matter stood concluded by its decision in OA No. 1748/2010 Vocational Part-Time Teacher's Association And Others v. Lt. Governor of NCT of Delhi And Others. In OA No. 1748/2010 the Tribunal had given a direction to the respondents to fill up Vocational Part-Time Teachers as per the methodo
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