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OA 1463 of 2020

Central Administrative Tribunal

Principal Bench, New Delhi

O.A. No. 1463 of 2020

M.A. No.1848 of 2020

M.A. No.1194 of 2021

(Through Video Conferencing)

Orders reserved on : 16.08.2021

Orders pronounced on : 03.09.2021

Hon’ble Mr. A.K. Bishnoi, Member (A)

Hon’ble Mr. R.N. Singh, Member (J)

1, Parveen Kumar

S/o Rama Nand

R/o C-317, Harsh Vihar Nagar Market,

Hari Nagar Part-III,

Jaitpur Extension,

Badarpur,

New Delhi-110044.

2. Deepak Chandra Bishtania

D/o – Bhwan Chandra

R/o RZ-B29A, Gali No.2, Back Side Khasra

No.25/23, S/F Block,

Second Floor, Dabri Extension-2,

New Delhi-110045.

3. Omveer

S/o Radha Prasad

R/o C-244, Lalbagh

Azadpur, Delhi-110033

4. Manish Gaur

S/o Surendra Kumar

R/o 51 R Extension,

Mohan Garden, Uttam Nagar,

DK Mohan Garden,

Delhi-110059

…Applicants

(By Advocate: Shri Salman Khurshid, Senior Counsel with

Ms.Kunika)

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OA 1463 of 2020

VERSUS

1. Directorate of Education,

Through its Director (DoE)

Room No.12,

Old Secretariat,

New Delhi-110054.

2. Head of School/Principal

Chandra Shekhar Azad Govt. Boys Sr. Sec. School

New Friends Colony

New Delhi-110025.

3. Head of School/Vice Principal

Govt. Boys Sr. Sec. School

STC/MMTC, Begampur,

New Delhi-110017

(School ID 1923013)

4. Head of School

Sarvodaya Co-ed SS School

Block-ZP, Pitampura,

Delhi-110034

(School ID 1411007)

5. Head of School

Govt. Boys Sr. Sec. School

Tagore Garden,

New Delhi-110027

(School ID 1515139)

...Respondents

(By Advocate: Ms. Esha Mazumdar, Ld. Standing Counsel)

O R D E R

Hon’ble Mr. R.N. Singh, Member (J):

In the present Original Application, filed under Section 19

of the Administrative Tribunals Act, 1985 (hereinafter referred to

as „the Act of 1985‟), the applicants, four in numbers, have

challenged the orders dated 11.9.2020, 16.9.2020, 14.9.2020 and

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OA 1463 of 2020

17.9.2020 (Annexure A/1 Colly.) vide which their services have

been terminated from the post of Guest Teacher.

2. The applicants have prayed for the following reliefs in the

present OA:-

“i.

Pass appropriate direction(s)/order(s) to quash and set

aside

Orders

of

Termination

dated

11.09.2020,

16.09.2020, 14.09.2020 and 17.09.2029 issued by

Respondent No.2-5.

ii.

Pass appropriate order(s)/direction(s) to Respondents

No.2-5 to pay salaries to the Applicants from the period

between 08.05.2020 and 13.07.2020.

iii.

Pass such other or further orders as this Hon‟ble

Tribunal may deem fit and proper under the facts and

circumstances of the present case and in the interest of

justice.”

3. The details of the services of the applicants under the

respondents are as under:-

Applicants

Name of School

Date

of

Joining

Date

of

Joining

in

Current

Session

Designation

Applicant

No.1

Chandra Shekhar

Azad

Sr.

Secondary School

(ID1925005)

19.01.2019

16.07.2020

TGT, Maths

Applicant

No.2

Government Boys

Senior Secondary

School,

Begampur,

MMT/STC

(ID

1923013) 17.11.2014

27.07.2020

PGT,

Chemistry

Applicant

No.3

Sarvodaya Co-ed

Senior Secondary

School, ZP Block,

Pitampura

(ID

19.11.2014

28.07.2020

TGT,

Sanskrit

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OA 1463 of 2020

1411007) Applicant

No.4

Government Boys

Senior Secondary

School,

Tagore

Garden

(ID

1515139) 26.02.2020

10.08.2020

TGT, PET

The orders/letters of engagement of the applicants under the

respondents are dated 16.7.2020, 27.07.2020, 28.07.2020 and

10.08.2020 (Annexure A/6 Colly.). In the aforesaid orders/letters

regarding engagement of the applicants, the conditions have been

provided in paragraphs 1, 6 and 7 as under:-

“1.

Your engagement is purely adhoc & stop gap

arrangement till the post is filled up on regular basis.

Your engagement shall not entitle you to any regular

appointment.”

“6.

During the course of engagement if it is found that

your performance is not up to the mark by HOS

concerned,

your

engagement

will

be

dis-

continued/cancelled.

7. Your service can