Central Administrative Tribunal - Delhi
Smt Urmil Kapoor vs North Delhi Municipal Corporation ... on 6 May, 2022
1
O.A. No. 07/2015
Central Administrative Tribunal
Principal Bench: New Delhi
O.A. No. 07/2015
Reserved on: 21.04.2022
Pronounced on: 06.05.2022
Hon'ble Ms. Manjula Das, Chairman
Hon'ble Mr. Mohd. Jamshed, Member (A)
Smt. Urmil Kapoor,
W/o Shri Ashwani Kapoor,
(Aged about 67 years; retired Teacher),
R/o House No. 11000, Gali No. 4,
Doriwalan, East Park Road,
Karol Bagh, New Delhi - 110005.
...Applicant
(By Advocate: Mr. L. R. Khatana)
Versus
1. North Delhi Municipal Corporation,
Through its Commissioner,
Civic Center, Minto Road,
New Delhi - 110002.
2. Director (Education),
Department of Education,
North Delhi Municipal Corporation,
Civic Centre, Minto Road,
New Delhi - 110002.
3. Additional Director (Education),
Department of Education,
(Teacher Welfare Section),
North Delhi Municipal Corporation,
Civic Centre, E-Block, 15th Floor,
Minto Road, New Delhi - 110002.
4. Secretary,
Department of Secondary Education & Literacy,
Ministry of Human Resource Development,
(Government of India),
Shastri Bhawan, New Delhi - 110001.
...Respondents
(By Advocate: Ms. Neetu Mishra for Mr. K. M. Singh for
respondent nos. 1-3)
2
O.A. No. 07/2015
ORDER
Hon'ble Ms. Manjula Das, Chairman:
The applicant has filed this OA under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
"(a) That Hon'ble Tribunal be pleased to hold the impugned order dated 19.05.2014 as illegal, arbitrary, discriminatory, unreasonable, unjust and mala fide in law and quash and set aside the same and direct the respondents to grant to the applicant the revised pay scale of Rs. 7500-12000 from the date of her promotion to selection scale, i.e. w.e.f. 01.01.1998 instead of the scale of Rs. 6500-10500 and further fix her pay in the corresponding Grade Pay of Rs. 5400 in Pay Band of Rs. 15600-
39100 w.e.f. 01.01.2006 as envisaged in Circular dated 15.06.2012 and pay to the applicant the consequential benefits of arrears of the pay and allowance with 12 per cent interest thereon within a specified time frame and render justice.
(b) Pass any such other or further order or direction as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of this case."
2. The applicant joined Municipal Corporation of Delhi (MCD) as Assistant Teacher (Primary Teacher) on 06.09.1966 and retired from service on 30.06.2007. The next promotional post in the hierarchy was the post of Headmaster/Principal and then to the post of School Inspector. The applicant is said to have acquired the qualification of Bachelor of Arts (BA) and Senior Anglo Vernacular (SAV) (equivalent to B.Ed) in the year 1970 & 1984, respectively. It is submitted that vide letter dated 12.08.1987 issued by the M/o Human Resource Development, Department of Education addressed to the Chief Secretary, Delhi, the pay scales etc., of school teachers in all Union Territories (except 3 O.A. No. 07/2015 Chandigarh) including Government aided schools and organizations like Kendriya Vidyalaya Sangathan (KVS) and Central Tibetal schools Administration, were revised w.e.f. 01.01.1986 subject to certain conditions on the recommendations of the National Commission on Teachers. It is submitted that in pursuance of the aforesaid order dated 12.08.1987, the applicant was promoted to the senior scale (TGT/HM) of Rs. 1400-2600 w.e.f. 01.01.1986 and her pay was duly fixed and arrears of pay and allowances etc. were paid to her.
3. On 09.08.1999, the Assured Career Progression (ACP) Scheme was introduced and senior scale and the selection scale was replaced under the ACP Scheme. However, certain conditions such as eligibility, educational qualifications and the screening by the DPC etc. remained the same under the ACP Scheme as was earlier applicable in the case of senior scale and selection scale. The MCD issued an order dated 23.11.2009, wherein 66 teachers were granted selection scale in the pay scale of Rs.6500-10500 w.e.f. 01.01.1998 and the name of the applicant figured at Sl. No. 24 in the said order. Vide order dated 01.11.2011, the North Delhi Municipal Corporation revised the pay scale of the post of School Inspector from Rs. 6500-10500 to Rs.7500-1200 w.e.f. 01.01.1996. The applicant contends that as per the aforesaid order dated 01.11.2011, the teachers, who were found entitled for second ACP till 31.08.2008, were to be considered for granting the pay 4 O.A. No. 07/2015 scale of Rs. 7500-12000 instead of Rs. 6500-10500. The order dated 01.11.2011 was reiterated and clarified by the North Delhi Municipal Corporation vide its circular dated 15.06.2012, wherein it was stipulated as under:
"In continuation of office order No. D/ADE/Admn./HQ/1209 dated 01.11.2011, it is clarified that as per ACP guidelines, the financial upgradation shall be as per the hierarchy of the promotional post. In the case of Asstt. Teachers of MCD, next promotional post is HM/Principal and further to the post of School Inspector. As per the 6th CPC following pay scales are to be granted to teachers.
Post Pay scale Corresponding Pay Band
as Per 5th Grade pay as per
CPC 6th CPC as on
01.01.2006
Asstt. Teacher 4500-7000 4200(PB2) 9300-34800
Head Master 5500-9000 4600(PB2) 9300-34800
School Inspector 7500-12000 5400(PB3) 15600-39100
Hence for ACP Scheme, following pay scales are to be granted upto 31.08.2008 subject to fulfillment of all other conditions of ACP.
1st ACP on completion of 12 years 5500-9000
2nd ACP on completion of 24 years 7500-12000
(upgraded to 8000-
13500+GP 5400 in PB
15600-39100 as on
01.01.2006)......."
4. The grievance of the applicant is that the benefits of the aforesaid order/circular have already been granted to the persons much junior to her, whereas the same was denied to her. Aggrieved thereof, the applicant made representation dated 5 O.A. No. 07/2015 21.02.2014 to the Director (Education), the Commissioner, North Delhi Municipal Corporation for replacement of her pay scale of Rs.6500-10500 by pay scale of Rs.7500-12000 from the date of her promotion to selection scale, i.e. w.e.f. 01.01.1998, which was rejected by the respondents vide impugned order dated 19.05.2014. Hence, this OA.
5. The applicant contends that the respondents have rejected her application without application of mind inasmuch as her claim is for replacement scale of Rs. 7500-12000 instead of Rs. 6500- 10500 already granted to her as selection scale w.e.f. 01.01.1998 and not for any benefit under the ACP Scheme. The applicant contends that the plea of respondents that the pay scale of Rs. 7500-12000 is for the post of School Inspector and not the replacement of the pay scale of Rs. 6500-10500 is totally false and the same is contrary to the stipulations of the office order dated 01.11.2011 and the circular dated 15.06.2012. Other contentions are also urged.
6. Respondent Nos. 1 to 3 have filed their counter affidavit opposing the OA. In their counter affidavit, they have submitted that the pay scale of Rs.6500-10500 granted to the Teachers by way of selection scale was not converted to that of pay scale granted to the School Inspectors as the post of Selection grade cannot be compared with the post of School Inspector. 6 O.A. No. 07/2015 Furthermore, it is submitted that the applicant with date of appointment on 06.09.1966 did not avail promotion to the post of TGT/HM despite having the qualification of BA and SAV and hence, it is alleged that she is not entitled for 2nd ACP as per ACP Scheme. It is further submitted that the pay scale of School Inspectors has been revised from 6500-10500 to 7500-12000 and it is pertinent to mention here that the selection scale was not revised from 6500-10500 to 7500-12000. It is also contended that the applicant did not work on the post of HM/School Inspector and she never challenged the promotion of her junior teachers as she worked under HMs who were junior to her which clearly reflects that she was not interested to get the promotion to the post of HM. The respondents also contended that the applicant made a representation on 04.09.2012, whereas the present OA was filed in January 2015 and as such it is barred by time. Later, her representation was rejected on the grounds that the selection scale is not revised and the selection scale is not comparative scale of the school inspector as the latter is an administrative post which cannot be compared with the post of a teacher who was granted the selection scale.
7. The respondent No.4 contended in its counter submitted that the plea of the applicant is based on the contention that consequent upon the revision of the pay scale of School Inspector 7 O.A. No. 07/2015 from Rs. 6500-10500 to Rs. 7500-12000, she has also become entitled for grant of Selection Scale in the scale of Rs. 7500-12000 w.e.f. 01.01.1998 i.e. the date from which she was granted Selection Scale of Rs. 6500-10500. The revision of the pay scale of the post of School Inspector for the purpose of grant of ACP in terms of MCD's office order dated 01.11.2011 from Rs. 6500- 10500 to Rs. 7500-12000 would be of no consequence for the purpose of determining the entitlement of the applicant for grant of Selection Scale in terms of letter dated 04.04.2002 of the Ministry of Human Resource and Development and the selection scale for the post of PRTs as per the letter dated 04.04.2002 has not been revised or enhanced.
8. We heard Mr. L. R. Khatana, learned counsel for the applicant and Ms. Neetu Mishra, proxy for Mr. K. M. Singh, learned counsel for the respondent Nos. 1 to 3.
9. The only issue that is to be determined in this OA is whether the applicant had been promoted to the post of Headmaster/Principal or not. In order to resolve this issue the Tribunal on 22.03.2022 had directed the respondents to obtain instructions in this regard. However, on the next date i.e. 21.04.2022, on behalf of the main counsel for the respondents, Ms. Neetu Mishra, learned proxy counsel was present and sought time to file an additional affidavit. Since this is an old matter 8 O.A. No. 07/2015 pertaining to the year 2015, we reserved the order by granting time as sought for by the learned counsel for the respondents. Pursuant thereto, the respondents have filed an additional affidavit.
10. In the additional affidavit filed by the respondents, it is categorically submitted that there are two channels for promotion of Primary Teacher: one is promotion to the post of TGT, and the other as Headmaster within the MCD. It is also revealed that the applicant did not submit her option to avail the promotion. It is also undisputed that the applicant had not worked on the post of Headmaster/School Inspector. The only plea taken by the applicant in support of her claim that she was granted the senior pay scale is not acceptable as she has not produced any order which indicates that she was promoted to the post of Headmaster.
11. The applicant in this OA is seeking the revision of her pay from Rs. 6500-10500 to Rs.7500-12000. Since the applicant has not established her case or produced any document that she was promoted to the post of Headmaster which is the feeder post for promotion to the post of School Inspector, we are of the opinion that she is not entitled to revised scale of Rs. 7500-12000, which is only revised in the case of School Inspector. It is noted that mere fixation of the pay of the applicant in the selection scale of Rs. 6500-10500, does not mean that she was granted the pay scale attached to the post of School Inspector. Hence, we cannot 9 O.A. No. 07/2015 compare the selection scale with that of the scale attached to the post of School Inspector.
12. In view of the facts the OA is dismissed. There shall be no order as to costs.
(Mohd. Jamshed) (Manjula Das)
Member (A) Chairman
lg/as/