Central Administrative Tribunal - Delhi
Sangeeta Yadav vs Govt. Of Nctd on 10 November, 2016
Central Administrative Tribunal
Principal Bench:New Delhi
OA No.1382/2016
MA No.1366/2016
MA No.2122/2016
Reserved on :19.08.2016
Pronounced on:10.11.2016
Hon'ble Shri Sudhir Kumar, Member (A)
Hon'ble Shri Raj Vir Sharma, Member (J)
1. Ms. Sangeeta Yadav,
D/o Sh. Bhagwan
aged 29 years
R/o VPO Nakhrola extn.
District Gurgaon
Presently posted as:
TGT Hindi (South West B)
at AKV Raj Nagar-II, Delhi.
2. Rita Yadav,
D/o Sh. Hari Ram Yadav
aged 28 years
R/o 153, Gali No.3
Rao Chaturbhuj Marg
Kapashera, New Delhi 110 037
Presently posted as:
TGT Social Science (South West B)
Working at GBSSS No.2, Samalka
New Delhi - 110 037.
3. Ms. Seema,
D/o Sh. Randhir Singh
Aged 31 years
R/o VPO Jharoda Kalan
New Delhi - 110 072.
Presently posted as:
TGT Sanskrit (South West B)
Working at Govt. Sarvodaya Co. Ed. Vidhalaya
Najafgarh, Delhi.
(OA No.1382/2016)
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4. Seema Shoukeen,
D/o Sh. Jag Mohan Shoukeen
Aged 31 years
R/o RZF 530, Raj Nagar, Part-II
Palam Colony, New Delhi-110 045.
Presently posted as:
TGT Natural Science (South West B)
At Raj Nagar-I, Palam, Delhi.
5. Pooja Shoukeen,
D/o Jag Mohan Shoukeen
Aged 29 years
R/o RZF 530, Raj Nagar, Part-II
Palam Colony, New Delhi
Presently posted as:
TGT Science (South West B)
At Raj Nagar-I, Palam, Delhi.
6. Shalu,
D/o Sh. Vijay Kumar
Aged 28 years
R/o RZF 996, U/G 001
Ambedkar Marg, Raj Nagar
Part-II, New Delhi - 110 077
Presently posted as:
TGT Maths (North West A)
At SKV No.2, Palam, New Delhi.
7. Rajani Gahtyari,
D/o Sh. Ramesh Chander
Aged 27 years
R/o K-416, Street No.10
Mahipalpur Extn., New Delhi - 110 037
Presently posted as:
TGT Maths (South West B) at
SKV Jahangir Puri A Block, Plot No.5, Delhi.
8. Jyoti Siwach,
D/o Sh. Satpal
Aged about 32 years
R/o RZ-22, Kashmiri Colony
A Z Block, Paprawat Road
Najafgarh, New Delhi
(OA No.1382/2016)
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Presently posted as:
TGT English (South West B) at SKV No.2
Palam Village
New Delhi.
9. Swati,
D/o Sh. Rajbir Singh
Aged about 28 years
R/o House No.3166 First Floor
Sector 23, Gurgoan
Presently posted as:
TGT English (South West B) at SKV
Smalkha, New Delhi.
10. Komal,
D/o Sh. Susheel Rana
Aged about 28 years
R/o D-1/392, Street No.13
Ashok Nagar, Shahdara, Delhi
Presently posted as:
Post-TGT Hindi (North East) at
GGSSS School, Palam Enclave, Delhi.
11. Ubhay Bharti Rajput,
S/o Sh. Jagannath Singh Rajput
Aged about 36 years
R/o RZF 906/22, Friday Market Road
Raj Nagar-II, Delhi.
Presently posted as:
TGT Hindi (South West B) at SKV No.2
M.S.Park, Shahdara, Delhi.
12. Kumari Neelam,
D/o Sh. Asu Ram
Aged about 34 years
R/o 16A Sainik Vihar
Mohan Garden
Presently posted as:
TGT English (West B) at Delhi Govt.
School, Raj Nagar-II, Delhi.
13. Meena Sharma,
D/o Sh. Hans Raj Sharma
(OA No.1382/2016)
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Aged about 41 years
R/o B-7, |St. No.3, 100 ft. Road
North Chhajjupur, Delhi - 94.
Presently posted as:
TGT Sanskrit (North East) at
GGSSS, Mohan Garden, Delhi.
14. Nidhi Kapoor, aged 28 years
D/o Sh. Baldev Raj
Aged about 28 years
R/o HN 1272, Sector-7
Extn. Urban Estate Gurgaon-122001
Presently posted as:
Post-TGT Natural Science (South West B)
At GBSSS, Vijay Park, Moujpur, Delhi.
15. Indu,
D/o Sh. Ram Kishan
Aged about 28 years
R/o D-2/24, Kunwar Singh Nagar
Ranhaula Nagloi, New Delhi - 110 041
Presently posted as:
TGT English (West B) at GSKV Nilothi
Delhi.
16. Geeta Verma,
D/o Sh. Kanti Prasad Verma
Aged about 33 years
R/o B-37/A, Gali No.3
Bhajanpura Delhi
Presently posted as:
TGT English (North East) at Govt. Coed
Sec. School, Kunwar Singh Nagar, Ranhaula Nagloi
Delhi.
17. Arti Sharma, D/o Sh. Balak Ram
aged 32 years
R/o Flat No.621, Shakuntalam Apptt.
Plot No.16 Sector 10, Dawarka, New Delhi
Presently posted as:
TGT Hindi (South West B) at Govt.
Sarvodaya Co.Ed. School Najafgarh, Delhi.
(OA No.1382/2016)
(5)
18. Sonia Sejwal,
D/o Sh. Rajinder Singh
aged 25 years
R/o F314, Lado Sarai, New Delhi
Presently posted as:
TGT Natural Science (South) at SKV
Raj Nagar Part-II, Delhi.
19. Anju Jain,
D/o Sh. Gopi Ram Jain
Aged 35 years
R/o RZ 432 A, Raj Nagar 1
Palam Colony
Near Palam Railway Crossing
New Delhi.
Presently posted as:
TGT English (South West B) at
GGSSS C Block, Sangam Vihar
Delhi.
20. Pooja Yadva,
D/o Sh. Om Prakash Yadav
aged 35 years
R/o H-349, G.No.5, Raj Nagar-2
Palam Colony, North District,
Delhi - 77.
Presently posted as:
TGT English (South West B)
at SKV Raj Nagar Part-I
Palam Colony, New Delhi.
21. Monika Verma,
D/o Sh. Pramod Verma
aged 24 years
R/o 70, Aya Nagar Pahari
New Delhi - 110 047.
Presently posted as:
TGT Social Science (South) at
SKV, Sultanpur, Delhi.
22. Rekha Yadav,
D/o Sh. Chiranji Lal
R/o B-87, New Modern
(OA No.1382/2016)
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Shahdara, Delhi
Presently posted as:
Post - TGT English (North East)
At SKV No.2, Mansarover Park
Shahdara, New Delhi - 32.
23. Himani Kundu,
D/o Sh. Kartar Singh
aged 28 years
R/o Flat No.32B, Matro Apptt.
Sector 71, Noida - 201301
Presently posted as:
TGT Natural Science (East Delhi)
At GGSSS, New Kondli, Delhi
24. Rima,
D/o Sh. Indraj
aged 24 years
R/o VPO Khera Dabar, Najafgarh
Delhi-73
Presently posted as:
TGT Hindi (South West B) at GGSSS
Parprawat Najafgarh, Delhi.
25. Ravita Rathee,
D/o Sh. Dilbag Singh Rathee
aged 28 years
R/o House No.162, Sector 23, Gurgoan
Presently posted as:
TGT English (South West B) at SKV
Raj Nagar-2, Palam Colony
Delhi.
26. Ritu Yadva,
D/o Sh. Harishkumar
aged 30 years
R/o House 83, Village Bagdola
P.O. Palam, Sector 8, Dawarka
New Delhi - 110 077.
Presently posted as:
TGT Natural Science (South West B)
At SKV Raj Nagar-I, Palam Colony
Delhi.
(OA No.1382/2016)
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27. Trishna Kumari,
D/o Sh. Ram Prasad Jaiswal
aged 24 years
R/o DLF, Ankur Vihar, Loni
Ghaziabad U.P.-201102.
Presently posted as:
TGT Sanskrit (North East)
At GGSSS, Khajoori Khas, Delhi.
28. Manju Yadav,
D/o Sh. Jagdish Yadav
Aged 30 years
R/o VPO Daulatpur, New Delhi.
Presently posted as:
TGT Hindi (South) at GGSSS
Dera N.D-74, Delhi.
29. Komal Kohli,
D/o Sh. Sat Prakash Kohli
aged 32 years
R/o KG-1/343, Vikas Puri
New Delhi - 110 018.
Presently posted as:
TGT Mathmetics (West B) at
Govt. Co. Ed. Sec. School. Block-F
Vikaspuri, Delhi.
30. Seema Tyagi,
D/o Sh. Ram Pal Tyagi
aged 29 years
R/o C-154, Amar Colony
East of Gokulpuri
Delhi - 110 094.
Presently posted as:
TGT Hindi (North East) at
SKV East of Loni Road, DDA Flats, Delhi.
31. Lalita, D/o Sh. Sher Pal Singh
aged 28 years
R/o 1615, Sec-4, Near Huda
Zym Khana Rewari Haryana
Presently posted as:
TGT English (South West B) at
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GGSSS, Bijwasan, Bathal Road, New Delhi.
32. Seema Malhan,
D/o Sh. Lal Singh
aged 28 years
R/o E/36, Shiv Enclave
Dichaon Kalan Delhi.
Presently posted as:
TGT Science (South West B) at Govt.
Sarvodaya Co. Ed. Vidhalaya Dichaon Kalan
Delhi.
33. Brajesh Yaduvanshi,
S/o Sh. Mahender Singh
aged 27 years
R/o 2/249, N.E.B. Extension, Near Transport Nagar
Alwar, Rajasthan.
Presently posted as:
TGT Sanskrit (South West B) at
Bijwasan, New Delhi.
34. Poonam Agrarwal,
D/o Sh. Damodar Dass Aggarwal
aged 35 years
R/o B-37, Vishwakarma Colony
Pul Pehladpur, M.B.Road, Badarpur
New Delhi - 110 044.
Presently posted as:
TGT Social Science (South) at
GGSSS C Block, Sangam Vihar, New Delhi.
35. Monika,
D/o Sh. Dariyav Singh
aged 28 years
R/o R.Z.11 B. Vijay Park
Najafgarh, Delhi - 110 043.
Presently posted as:
TGT Social Science (South West B) at
Govt. School Nangli
Sakrawati, Delhi.
36. Krashna Vats,
D/o Sh. Navneet Vats
aged 28 years
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R/o 187, Village Sahal Grah
District Haryana
Presently posted as:
TGT English (South West B)
At GGSSS Stadium Najafgarh
Delhi.
37. Kiran Kumari,
D/o Sh. Rattan Kumar
aged 27 years
R/o RZ 226 B/2, Gali No.3
Puran Nagar Palam
Colony Palam Village, Delhi - 110 075
Presently posted as:
TGT Natural Science (South West B) At SKV Smalkha New
Delhi.
38. Poonam
D/o Sh. Attar Singh
aged 32 years
R/o 166, Police Colony,
Vikas Puri, Delhi
Presently posted as:
TGT (Math) (West B)
At SKV, Raj Nagar-2, Delhi.
39. Rajni Gulati,
D/o Sh. Gurdarshan Lal Gulati
aged 37 years
R/o Friends Communication Shop No.6
Saini Dharamshala,
Nangloi Stand Najafgarh, New Delhi - 110 043.
Presently posted as:
TGT Mathmetics (West B)
at Govt. Sarvodaya Co. Ed. Vidhalaya
Dichaon Kalan, Delhi.
40. Alka Yadav,
D/o Sh. Rameshar Yadav
aged 28 years
R/o 176 A.V P.O.-Daulatpur Najafgarh New Delhi.
Post - TGT English (South West B)
At GGSSS Stadium Najafgarh Delhi.
(OA No.1382/2016)
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41. Nisha,
D/o Sh. Satbir Singh
aged 27 years
R/o 105A, D Block, Prem Nagar
Najafgarh, New Delhi -110 043
Presently posted as:
TGT Maths (South West ) at
GGSSS Stadium Najafgarh, Delhi.
42. Jyoti
D/o Sh. Ram Kumar,
aged 28 years
R/o VPO-Chhawla, New Delhi-110071
Presently posted as:
TGT Math (South West B) at
Sarovadaya Co-Ed Vidyalaya, Delhi. ... Applicants
(By Advocate: Shri Nilansh Gaur)
Versus
1. Government of National Capital Territory
of Delhi through its Chief Secretary
Delhi Secretariat, Players Building
ITO, New Delhi - 110 002.
2. The Director
Directorate of Education GNCT of Delhi
Delhi Secretariat, Players Building
ITO, New Delhi - 110 002.
3. Union of India
Through its Secretary
Ministry of Human Resource &
Development, Shastri Bhawan
New Delhi since SSA is controlled by the
Office of the U.E.E. Mission (for SSA)
situated at 1 Floor, Near Estate Branch
Department of Education
Distt. North Lucknow Road
Delhi - 110 054. ... Respondents
(By Advocates: Shri G.S.Virk for R-3 &
(OA No.1382/2016)
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Shri K.M.Singh for R-1 & R-2)
ORDER
Per Sudhir Kumar, Member (A):
M.A.No.1366/2016, filed under Rule 4 (5) (a) of the CAT (Procedure) Rules, 1987 by the 42 applicants, praying for joining together in filing of this OA, is allowed.
2. MA No.212/2016 has been filed, praying for deletion of name of Applicant No.28 from the Memo of Parties which MA is allowed.
3. In this OA, the applicants have challenged the impugned Circular dated 04.04.2016 (Annexure A-1), through which it has been directed that all the Contract Teachers of Sarva Siksha Abhiyan (SSA, in short), who had been disengaged with effect from 31.03.2016, due to non-continuation of the posts by the Ministry of Human Resource Development (MHRD, in short), Government of India, have to be adjusted within the Schools, Directorate of Education as Guest Teachers, as per terms and conditions, applicable to the Guest Teachers.
4. The applicants are aggrieved by the impugned Circular through which they have been adjusted as Guest Teachers at lower salary and on different conditions. They are also aggrieved that consequent upon issuance of Circular dated 04.04.2016 (OA No.1382/2016) (12) (Annexure A-1), they were relieved from different Schools where they were working as Contract Teachers under SSA with effect from 01.04.2016 through order dated 05.04.2016. The applicants have also sought finalization and implementation of the Scheme for Regularization of Contract Teachers of SSA as per the earlier Circular dated 10.06.2015, through which regular appointments ought to have been granted to them as TGTs in their respective disciplines. At the same time, they had also sought continuance of Scheme of SSA, and their engagement as Contract Teachers in different disciplines on the same terms and conditions, as had existed prior to 31.03.2016.
5. The applicants had produced the relevant portions of the Right of Children to Free and Compulsory Education Act, 2009 (Annexure R-3), under which the SSA had been launched in 2000-2001, and budgetary provision had been provided to the States and Union Territories by the MHRD for appointment of Teachers under SSA, in addition to the expenditure already incurred by those States and UTs on elementary education, so that new Teachers could be appointed on opening of new schools, and additional teachers for existing schools in the ratio of 1:40 in Primary and Upper Primary Schools.
(OA No.1382/2016) (13)
6. With effect from 01.01.2014, the MHRD altered SSA guidelines regarding additional teachers, and it was decided that their support can be availed by the States and UTs under SSA only after the regular vacancies of teachers are filled up, and the States and UTs were directed to follow a unified teachers' cadre, and no separate SSA cadre was permissible as per Annexure A-6, on which the applicants rely.
7. The applicants were working as Contract Teachers under SSA till 31.03.2016, when their agreement executed describing that as a time-bound engagement, on a consolidated remuneration, and their appointment being contractual, which agreement specifically describes the engagement not to create any employer-employee relationship between the applicants and the District, as per Annexure A-7 (colly) produced by the applicants themselves, because of which they were not entitled to the benefits and other allowances at par with the regular teachers.
8. In the meanwhile, in respect of another group of Contractual Teachers, who were not employed under the RTE Act, 2009 under the SSA, the respondent took a conscious decision not to terminate the services of the contractual employees of that (OA No.1382/2016) (14) pattern. The Project Approval Board under MHRD constituted under the SSA, at its meeting held on 03.04.2014, observed that due to filling up of the posts by the States and UTs as Guest Teachers, there are no vacant posts, and recruitment process for SSA should be separate recruitment under the State Quota. However, it was decided that under the SSA, the same set of Contract Teachers would be engaged once more on re-opening of the Schools after summer vacations, and the Govt. of NCT of Delhi was directed to execute a fresh agreement with the Contract Teachers, whose earlier contract was with effect from 31.03.2015 to 31.03.2016. The applicants have assailed that though Govt. of NCT of Delhi had recruited teachers in different nomenclatures, including Guest Teachers, Teachers under SSA, and other Contract Teachers, except SSA, all other Contract Teachers have been continuing, and their services were not terminated. The applicants have assailed the action of the respondents that the respondents have treated three categories of teachers, i.e. Guest Teachers, SSA, and other Contract Teachers, in a different manner, though CTET qualification ought to have been the basis for all such engagements.
(OA No.1382/2016) (15)
9. The applicants had earlier approached this Tribunal in OA No.954/2016 with OA No.928/2016, which was dismissed as premature on 15.03.2016, by a Coordinate Bench through Annexure A-15, since as on that date, neither the services of the applicants had been terminated, nor the respondents had contemplated any action to replace them with another set of Contractual Teachers, and there was no subsisting cause of action for having filed that O.A. This OA having been filed after their dis-engagement as SSA Contract Teachers, the applicants have termed their relieving to be arbitrary, and in violation of the Article 21 of the Constitution, and the RTE Act, 2009, and the SSA Scheme, and they had submitted that the vacancies of teachers are still available. The applicants have sought shelter behind the orders of this Tribunal in OA No.2671/2014 decided on 12.11.2014 in the case of Sonalika Mishra & Others vs. Govt. of NCT of Delhi pertaining to the Guest Teachers. They had also relied upon the judgment of the Hon'ble Supreme Court in Secretary, State of Karnataka vs. Uma Devi (3) & Ors.:
2006(4) SCC 1, wherein regularization was ordered to be considered subject to a Scheme formulated by the State Government in respect of all employees who had worked for more than 10 years in such contractual capacity, and such Schemes (OA No.1382/2016) (16) had been approved by the Hon'ble Delhi High Court in Sonia Gandhi vs. Govt. of NCT of Delhi 2013 (139) DRJ 71, Satish Kumar Singh vs. SBI 2015 (7) AD (Delhi) 112 and Surendra Kumar & Ors. vs. Greater Noida ID Authority decided on 02.07.2015 in SLP No.662/2014.
10. Among other grounds, the applicants have taken the ground that by their disengagement as Contract Teachers under SSA, the basic object of that Act to ensure Free and Compulsory Primary Education to the Children upto the age of 14 years has been prejudicially affected, and that there will be shortage of teachers in the relevant disciplines in different Schools, and since the applicants have experience, they are the most appropriate and preferential category to be appointed as Contract Teachers under SSA, on re-engagement basis, and merging these two categories for re-adjustment and re-engagement is without any basis, and amounts to treating unequals equally, and that the applicants cannot be treated at par with Guest Teachers, and that the respondents have only delayed the finalization of the Scheme for regularization of the applicants, because of which they have been subjected to hostile discrimination qua the other categories of teachers and ordinary Contract Teachers, and that non-
(OA No.1382/2016) (17) engagement of the applicants under SSA is without any justification, as the SSA is still operational, and there is no scarcity of funds, and the respondents cannot take shelter behind the ground that the MHRD has not sanctioned the posts.
11. They have taken further ground that in many States and UTs, the SSA Teachers are being regularized, and they are getting not only pay and allowances, but also pay at par with the regular teachers, since they are performing identical functions and also possessing the same qualifications, and delay in implementation of such Scheme by the respondents has been fatal to their interests, and any contrary decision is hit by the doctrine of Promissory Estoppel, and violates Equitable Doctrine of Legitimate Expectation. In the result, the applicants have prayed for the following reliefs:
"8.1 Set aside impugned circular dated 4.4.2016 whereby, the applicants are adjusted and being re- engaged as Guest Teachers instead of Teachers under SSA;
8.2 Set aside relieving orders pertaining to all the applicants (Annexure A-2).
8.3 Direct the respondents No.1 and 2 to finalize and implement scheme of regularization promulgated vide circular 10.6.2005 and to offer regular appointment to the applicants in the posts held under SSA in different disciplines with all consequential benefits;
(OA No.1382/2016) (18) 8.4 Direct respondents No.1 and 2 to immediately resumes SSA in GNCTD and re-engage the applicants as Contract Teachers under SSA on the same posts with similar conditions of service as existed prior to 31.3.2016; and 8.5 Any other relief which this Hon'ble Tribunal may deem fit and appropriate, in the facts and circumstances of the case."
12. During the course of arguments, learned counsel for the applicants prayed for early hearing of the case, and the learned counsel for the respondents submitted that he was ready to argue the case even without filing of the counter reply. Learned counsel for the respondents had filed a copy of the Circular dated 06.07.2016, which states as follows:
"OFFICE OF THE U. E. E. MISSION Department Of Education, GNCT of Delhi 1st Floor, (Near Estate Branch, Ole. or Education) District North. Lucknow Road, Delhi-110054 Ph: 23810361, 23811442, Tel. Email: spd delhi@rediffmail,com Circular Sub: Engagement of Subject Specific teachers (TGTs) and Primary Teacher working under SSA on contractual basis during the year 2016-17.
Sarva Shiksha Abhiyan (SSA), Delhi has been engaging Subject Specific Teachers (TOTs) and Primary Teachers on contractual basis as a temporary measure to address the increased enrolment of students in Govt. Schools, The contractual period of TOTs and the PSTs that were (OA No.1382/2016) (19) engaged for the year 2015-16 in DoE Schools had come to an end by 31st March, 2016.
The Competent Authority on receipt of approval from MHRD for the teaching posts "in principle", has decided to re-engage on contract basis the same set of subject- specific TOTs and Assistant Teachers who were engaged in the year 2015-16 for DoE Schools for the session of 2016-17 also.
The contract teachers be re-engaged preferably in the same schools, subject to the requirement on the basis of enrolment of the school. In case of non requirement in the same school, the contract teacher should be posted in some other school within the same district. Further, the contract teachers who were found to be indulging in dereliction of duty, may not be considered for reengagement. It is further decided that the teachers who discontinued their duty arbitrarily i.e. without submitting leave application to HoS/DPO should not be considered for re-engagement in the year 2016-17.
In view of above, all the DPOs/ DOEs are hereby directed to take fresh agreement by issuing offering letters to all the contract teachers whose contract was expired on 31- 3-2016. Their term of Contract this year would be from 15-7-2016 to 31-3-2017.
This issues with prior approval of the competent authority.
SPD-SSA UEE-Mission"
13. It was submitted that as per these latest instructions, the prayers sought at para 8.1, 8.2 & 8.4 of the OA have already stand satisfied, and the prayer at para 8.3 of the OA relates to issuance of a direction in the nature of policy decision, and it (OA No.1382/2016) (20) cannot be a subject matter of judicial review. Therefore, prayer at para 8.3 has to be declined.
14. We are convinced with the arguments put forth by the learned counsel for the respondents. The prayers at para 8.1, 8.2 & 8.4 stand satisfied, and the prayer at para 8.3 cannot be granted in judicial review. Therefore, we find no merit in the OA, and the same is dismissed, but there shall be no order as to costs.
(Raj Vir Sharma) (Sudhir Kumar)
Member (J) Member (A)
/kdr/
(OA No.1382/2016)
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