Delhi High Court
Ms. Mohini Rautela And Others vs Municipal Corporation Of Delhi And ... on 15 May, 1997
Equivalent citations: 67(1997)DLT469, 1997(42)DRJ401, (1997)IILLJ340DEL
JUDGMENT
1. The petitioners were working as Assistant Teachers on regular basis in Nehru Adarsh Primary School. The petitioners were declared surplus in Respondent No. 3 School and were transferred to the M.C.D. Primary School on December 1, 1987 and since then, they have been working as Assistant Teachers in one or the other M.C.D. Primary School, till date.
2. It is stated in the petition that the M.C.D. is paying only 95 per cent of the salary to the petitioners. Learned counsel for the petitioners has drawn my attention to Rule 47 of the Delhi School Education Rules. Rule 47 reads as under :-
"47. Absorption of surplus (employees) etc. (1) Where as a result of :-
(a) the closure of an aided school or any class or classes in any aided school; or
(b) withdrawal of recognition from an aided school; or
(c) withdrawal of aid from an aided school, any student or employee becomes surplus, such student or employee as the case may be (may be absorbed) as far as practicable, in such Government school or aided school as the Administrator may specify;
Provided that the absorption in Government service of any employee who has become surplus shall be subject to the availability of a vacancy and shall be subject further to the concerned employee possesses the requisite qualifications for the post and has not been retrenched by the management of the aided school on any ground other than the ground of closure of the school or any class or classes of the school or withdrawal of recognition or aid from the school.
Provided further that where any such surplus employee is absorbed in a Government school, he shall be treated as junior to all the persons of the same category employed in the Government schools on the date immediately preceding the date on which he is so absorbed, and where such surplus employee is absorbed in an aided school, he shall rank as junior to all the persons of the same category employed in that school on the date immediately preceding the date on which he is so absorbed.
(2) where any surplus (employee) is absorbed under sub-Rule (1) :-
(a) the salary and other allowances last drawn by him at the school from which he has become surplus shall be protected;
(b) his provident fund account shall he transferred to the school in which he is so absorbed, and thereupon such provident fund shall be governed in accordance with the Rules and Regulations in force in that school in relation to provident fund; and
(c) the period of his qualifying service in the school in which he had worked before such absorption and any previous period of qualifying service, if any, in any recognised aided school in Delhi shall be taken into account for the purpose of computing his pension and other retirement benefits.
(3) without prejudice to the provisions of sub-Rules (1) and (2) where an (employee) becomes surplus by reason of the closure of any class or section thereof or the discontinuance of the teaching of any subject, such (employee) may be absorbed in the first instance, as far as practicable, in such Government or aided school as the Administrator may specify and if the class or section which was closed is reopened by the former school or if any new class or section thereof is opened by such school or if the subject, the teaching of which was discontinued, is reintroduced by such school, or the strength of the staff of the former school is increased such teacher shall be re-absorbed in the former school; but if such re-absorption does not take place within a period of five years from the date of absorption of such employee in the Government or aided school, such (employee) shall be regularly absorbed in such Government or aided school as the case may be.
(4) Re-absorption of an (employee) in a former school shall not affect his continuity of service or his seniority in relation to that school or his emoluments, provident fund, gratuity and other retirement benefits.
Explanation - For the purposes of sub Rules (3) and (4) "former school" means the school from which an (employee) had become surplus."
3. In the aforesaid Rule, it is clearly indicated that after the employees are declared surplus and absorbed by the Government, then how they have to be treated.
4. Rule 47(2)(a) clearly mentions that the salary and other allowances last drawn by him at the school from which he has become surplus shall be protected. In this view of the matter, there seems to be no justification for not paying full salary and allowances to the petitioners and other similarly placed employees who have not approached this Court. Learned counsel for the petitioner has drawn my attention to the Division Bench Judgment of this Court delivered in CWP No. 3923/90. It is submitted by learned counsel for the petitioner that these petitioners are also fully covered by the judgment. I have perused the said judgment. The petitioners are squarely covered by the said judgment.
5. In view of Rule 47, also the petitioners and other similarly placed employees are entitled to get 100% salary and other allowances.
6. The petitioners are also clearly entitled to all the benefits which emanate from Rule 47 of the Delhi School Education Act and Rules.
7. Ms. Tewatia, learned counsel for the M.C.D submits that she he granted weeks' to and within which the petitioners and all similarly placed employees shall be paid all arrears. The petitioners shall be paid full salary and allowance. The respondents shall also consider the petitioners and other similarly placed persons for absorption and for other benefits to which they are legitimately entitled as expeditiously as possible. The Civil Writ Petition and Civil Miscellaneous applications are accordingly allowed and disposed of. No costs.