Full Judgment Text
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PETITIONER:
DELHI ADMINISTRATION (NOW GOVT. OF N.C.T. DELHI) THROUGH THE
Vs.
RESPONDENT:
NAND LAL PANT & ANR.
DATE OF JUDGMENT: 07/07/1997
BENCH:
K. RAMASWAMY, D.P.WADHWA.
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted. We have heard learned counsel on both
sides.
Nand Lal Pant, the first respondent was appointed to
the post of Trained Graduate Teacher on September 28, 1974
in the pay scale of Rs.250-550/-. He was confirmed in that
post. The post of Post Graduate Teacher (Sanskrit) fell
vacant after retirement of one S.N. Sastri. Since the first
respondent had the qualification of Sanskrit, he was asked
to officiate in the said post of Graduation Teacher
(Sanskrit). He made representations from time to time for
his promotion to the said post. Since it was rejected on the
ground that there was no channel of promotion from the cadre
of TGT to the cadre of PGT, Sanskrit. Consequently, he filed
Writ Petition No.3794/93 in the High Court. The Delhi High
Court by the impugned judgment dated July 31, 1996 allowed
the writ petition and directed the Government to promote him
w.e f. 1986 with all consequential benefits. Thus, this
appeal by special leave.
It is now for the first time that stand has been taken
by the Petitioner (respondent in the writ petition) by
letter dated December 22, 1992 the School was informed that
the Deputy Director (East) was "pleased to accord the
clearance for P.G.T. (Sanskrit) reserved for Scheduled Caste
candidateds". Pursuant to that it would appear that one
Rajbir Singh belonging to Secheduled Castes was appointed
w.e.f. September 30, 1993 and eversince he was working in
the said post. As per the recruitment Rules, there is no
direct channel of promotion from TGT (General) to PGT
(Sanskrit). As a consequence, the first respondent as of
right is not entitled to the promotion as PGT (Sanskrit),
that too in a post reserved for Scheduled Castes. But since
the first respondent has been working since 1986 in PGT
(Sanskrit) from June, 1986 when the post fell vacant, the
facts and circumstances, we think that the appellants have
to be directed to create a supernumerary post of PGT
(Sanskrit) and allow the first respondent to continue in
that post till he retires. That post may be be created in
any school or directorate as the case may be. He would be
entitled to the scale of pay of PGT (Sanskrit) from the date
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of the creation of the post. This direction to adjust him by
creation of supernumerary post and to permit the first
respondent to continue in that post should not be treated as
a precedent in any other case. No one is entitled to jump
the regular channel merely on the basis of by qualification
acquired or the basis of having officiated in a higher post.
The appeal is accordingly disposed of. No costs.