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DELHI HIGH COURT
CHANDRA DHARI SINGH
Krishan Gopal Arya – Appellant
Versus
Lt. Governor of Delhi – Respondent
| Table of Content |
|---|
| 1. petitioner's employment and appointment background. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding salary and promotion rights. (Para 7 , 8 , 11 , 12) |
| 3. court's reasoning on appointment and absorption issues. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. conclusion: petition dismissed. (Para 21 , 22) |
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
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.
Officiating principals cannot be deprived of the benefits that accrue to them, and their entitlement to salary is based on the correct principle of law.
The main legal principle established in the judgment is the application and interpretation of Government Order No.25 P & AR Department dated 23.03.2015 to rectify pay anomalies between seniors and ju....
The principle of equal pay for equal work cannot be invoked to claim parity with those illegally appointed and granted scale of pay of Headmaster/Vice-Principal.
Employees have the right to claim the correct salary computed in accordance with rules and previous court orders, and institutions are obligated to pay salaries as per court orders.
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