Promotion claims without meeting prescribed qualifications are invalid, and salary fixation in the lower pay scale is upheld when no evidence supports the claimed promotion.

ORDER

Chandra Dhari Singh, J. (Oral)--The instant petition under Article 226 and 227 of the Constitution of India has been filed on behalf of the petitioner seeking issuance of writ of mandamus against the respondents thereby directing them to fix the salary in the pay scale of the Principal w.e.f. 28-08-1992, which was at the relevant time at the scale of Rs.2000-3500/-, and to pay to the petitioner all the benefits that may accrue on account of his pay fixation in the abovesaid pay scale alongwith all his arrears with interest @ 18% per annum. The petitioner is also seeking issuance of writ of mandamus thereby directing the respondents to adjust the petitioner against the post of Principal in the school run by the Government of NCT, on account of closure of Shrimad Dayanand Gurukul Sanskrit Mahavidyalya, Khera Khurd, Delhi (hereinafter "School").

2. The background of the instant matter is that the petitioner was appointed at the post of TGT (Sanskrit) by the Selection Committee on 2nd November 1979 in Shrimad Dayanand Gurukul Sanskrit Mahavidyalaya, private school recognized by the Delhi Administration. The terms and conditions of the petitioner and other employees were governed by the Delhi School Education Act and Rules, 1973. On the said date, the Director of Education conveyed the approval to the appointment of the petitioner as TGT (Sanskrit) in the pay scale of Rs.440-750/-.

3. Thereafter, a vacancy opened at the School for the post of Principal and Departmental Promotion Committee (hereinafter "DPC") was constituted to fill up the post. The DPC was held on 28th August 1992 and it is the case of the petitioner that he was appointed to the said post and he joined the post of Principal in the School.

4. It is the case of the petitioner that he was entitled to the same scale of pay and allowances, medical facilities, education, gratuity, provident fund and other prescribed benefits as were applicable to the employees of the corresponding status in the schools run by the appropriate authorities but the same was not granted to him. He made representations for fixation of his salary in the pay scale of Principal, however, no action was taken by the School Management.

5. Vide order dated 4th July 1996, the Director of the Education issued order for closure of the School and accordingly, the petitioner and other employees were adjusted in other schools run by the Government of NCT of Delhi. The petitioner was adjusted on the post of TGT instead of Principal in the new School, i.e., Sarvodaya Vidyalaya, Tikri Kund. The petitioner again made representations to adjust him at the post of Principal and fix his salary according to the said post, however, the same was to no avail. The petitioner, thereafter, served a legal notice to the School but also received no reply.

6. The petitioner, being aggrieved by the aforesaid actions of the Schools, has approached this Court by way of filing the instant petition.

7. Learned counsel for the petitioner submitted that the respondents' fixed the salary of the petitioner in the pay scale of TGT of Rs.5500-175-9000/-, whereas his pay should have been fixed in the pay scale of Principal i.e., R. 7500-250-12000/- w.e.f. January, 1996 in as much as he was selected/promoted to the post of the Principal in the school after being selected by the Departmental Promotion Committee, which decision was accepted by the Managing Committee of the School.

8. It is submitted that when the petitioner was appointed at the post of Principal, the Director of Education was pleased to approve the promotion of the petitioner to the post of Principal in the School in the pay scale of Rs.20