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CHANDRA DHARI SINGH
Urmila Verma – Appellant
Versus
Director of Education – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)
1. The instant petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner seeking the following reliefs:
"a. Issue Writ of mandamus and/or any other appropriate Writ, order or direction to the Respondents quashing the communication/order dated 24.05.2018 wherein the Respondent NO. 2 has dismissed the representation dated 13.02.2017 of the Petitioner mentioning therein that the benefits of promotion will be given w.e.f. the joining of the employee i.e. 31.10.2016;
b. Issuance of Writ of mandamus and/or any other appropriate Writ, order or direction to the respondents considering the post of the petitioner as TGT (Sanskrit) w.e.f. 2013 from when the petitioner was assigned teaching work for the TGT classes instead of formal date of joining of post of TGT i.e. w.e.f. 31.10.2016;
c. Issuance of Writ of mandamus and/or any other appropriate Writ, order or direction calling for the relevant records pertaining to the Petitioner for adjudication of the present writ petition;
d. Pass any other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."
2. Learned counse
The duty of the respondent school to fill vacant posts without delay and the importance of remedying any situation resulting in the delay of teachers' service conditions.
The main legal point established in the judgment is the court's power to issue a writ of mandamus to direct the disbursement of arrears of salary following the petitioner's promotion.
The petitioner's entitlement to arrears was based on the pay scale in the service book, and the respondent-School's non-cooperation led to adverse inference.
Eligibility for government employment benefits hinges on service duration and adherence to established policies; administrative decisions must not contravene due processes.
The court reaffirmed that judicial decisions regarding employment rights must be respected, and that grounds for termination or denial of appointment must be substantiated with valid evidence, partic....
The main legal point established in the judgment is the requirement to follow the procedures outlined in Rule 118 and Rule 120 of the Delhi School Education Act, 1973, before terminating an employee,....
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