Central Administrative Tribunal - Delhi
Smt. Ravinder Kaur vs Government Of N.C.T. Of Delhi on 9 October, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
O.A. No.418/2012
Order reserved on 10.04.2012
Order pronounced on 09.10.2012
Honble Mr. G.George Paracken, Member (J)
Honble Mr. Sudhir Kumar, Member (A)
1. Smt. Ravinder Kaur,
WZ-19/B, Vishnu Park,
New Delhi-110 018.
2. Smt. Inderjit Kaur
23/19-B, Moti Nagar,
New Delhi-110 015.
3. Smt. Uma Rani Juneja,
24/6-A, Jail Road, Double Storey,
Ashok Nagar, New Delhi-110 018.
4. Smt. Gurvinder Kaur,
A-170, Fateh Nagar,
New Delhi-110 018.
5. Smt. Parveen Rani,
G-1/92 B, Uttam nagar,
Opp. State Bank of India,
New Delhi-110 059.
6. Smt. Jasvinder Kaur,
WZ-10-B, Santh Garh,
Gali No.23, New Delhi-110 018.
7. Smt. Shakuntala Devi,
5/3, Ashok Nagar,
New Delhi-110 018.
8. Smt. Summan Bala,
C-1347-B, New Delhi.
9. Smt. Rani,
248, Nimri Colony,
Delhi-110 052.
10. Smt. Harbhajan Kaur,
Db-21-D, LIG Flats, Hari Nagar,
Near Ghanta Ghar, New Delhi-110064.
11. Smt. Neelam Kumari,
C-3, 96-97, Sector-16, Rohini,
New Delhi-110 089. -Applicants
(By Advocate: Shri Subhasish Mohanty)
Versus
1. Government of N.C.T. of Delhi,
Through its Chief Secretary,
Delhi Secretariat, Delhi-110 002.
2. Government of NCT of Delhi,
Art, Culture & Language Department,
Through its Secretary,
7th Level C Wing, Delhi Secretariat,
New Delhi-110 002.
3. Directorate of Education,
Government of N.C.T. of Delhi,
Old Secretariat, Delhi-110 054.
4. Municipal Corporation of Delhi,
Through its Commissioner,
Dr. S.P.M. Civil Centre, Minto Road,
Delhi-110 002.
5. Punjabi Academy,
An autonomous organization under the
Art. Culture & Language Department,
Government of N.C.T. of Delhi,
Through its Secretary,
DDA Community Centre, Motia Khan,
Paharganj, New Delhi-110 055. -Respondents
(By Advocate: Shri M.S. Saini)
O R D E R
Mr. Sudhir Kumar, Member (A):
This O.A. has been filed by 11 applicants, without an application for joining together. However, the notices came to be issued on 08.02.2012, and, thereafter, the case was heard and reserved for orders. Therefore, the case cannot be dismissed on the technical ground of failure to file an application for joining together, as prescribed under Rule 4 (5) (a) of Central Administrative Tribunal (Procedure) Rules, 1987.
2. The case of the applicants is that the Punjabi Academy, Respondent No.5, which is admittedly an Autonomous Organization under the Art, Culture and Language Department, Government of NCT of Delhi, had deputed them to teach the Punjabi Language on Part Time basis in the Primary Schools of the Municipal Corporation of Delhi (MCD, in short), through letters similar to the Annexure A-1/colly dated 12.08.1986, an incomplete copy of one of which has been filed (at page-19), which states as follows:-
I am directed to inform you that in consultation with the Education Department of Municipal Corporation of Delhi, it has been decided that part-time teachers may be temporarily provided by this Academy.
The Assistant Education Officer, Nigam Bhawan, Kashmere Gate, Delhi has requested to provide Punjabi teachers for the Primary schools of the Delhi Corporation. I am, therefore, deputing Miss Ravinder Kaur for teaching Punjabi in your school.
Note: A copy of this appointment letter is to be handed over to the teacher after bearing the words Joined to-day to return it to the Academy.
The teacher will enjoy no other right or privilege from the Academy for regular appointment or any other kind of service benefit from the MCD or Government. A monthly remuneration of Rs.400/- will be paid to the teacher arranged by the Academy.
You will furnish a separate certificate indicating his/her period of work in your school in a form prescribed by the Academy. The teacher will submit this certificate in the office of the Academy. (Emphasis supplied) The teacher will impart lessons only in Punjabi to the Punjabi learning students. One period will be of 30 minutes in the Primary classes. The time of starting and closing of these periods will be intimated by you to the Academy. These periods will be allotted in succession as agreed with the teacher.
(Emphasis supplied).
3. Since the complete document has not been filed, we are unable to re-produce here the remaining conditions of that letter, reproduced above. About 10 years later, through Appointment Letter dated 26.06.1996, the same applicant No.1 was appointed as a Part time Punjabi Language Teacher in Government Boys Middle School, Moti Nagar, New Delhi subject to the following terms and conditions, which document also has been filed in an incomplete manner by the applicants, and we are unable to re-produce here the remaining portion of the letter containing the other conditions:-
Subject: APPOINTMENT OF PART-TIME PUNJABI LANGUAGE TEACHERS.
Sir/Madam, The Secretary, Punjabi Academy appoints you as a part-time Punjabi Language Teachers in Govt. Boys Middle School, Moti Nagar, New Delhi 110 015.
(name of school) in case of any difficulty you are advised to contact the concerned Education, officer or alternatively may contact the office of the Academy.) Your appointment is subject to the following terms and conditions:
(i) You will not be eligible or any other right to privilege from the Academy for regular appointment or any other kind of service benefit from the Government/Academy or any other Education Institution for this part-time engagement.
(ii) This engagement is purely on/temporary and adhoc basis. It is liable to be terminated at any time without any notice and without assigning any reason therefor. This will not in any case confer upon you any right whatsoever for regular appointment in the Academy/Govt. or any other institution.
(iii) A consolidated monthly remuneration of Rs.700/- (Rupees seven hundred only) will be paid to you by the Academy for this part-time engagement.
(iv) You will impart lessons only in Punjabi upto 3 hours daily to the Punjabi learning students. The time of starting and closing these periods will be intimated by you to the Academy.
(v) In addition to the Sundays and other gazetted holidays (excluding Summer vacations) observed in the school, you will be entitled to only one day casual leave for every complete month of engagement subject to maximum of 10 days for the entire session. No other leave any other kind is admissible. All other absence will be treated as leave without wages. Payment for absence or for vacations will not be admissible.
(vi) Any kind of absence exceeding a fortnight shall be intimated to the Academy by the Head of the School to enable it to make an alternative arrangement. In case you remain on unauthorized absence for 3 days you shall cease to be in the engagement of the Academy.
(Emphasis supplied).
4. Later, the applicant No.1 was issued another third appointment letter on 13.06.2008, this time as a Part-Time Punjabi Language Teacher at a third school, the MCDs Nigam Adarsh Vidyalaya, Moti Nagar West, New Delhi, and a 4th similar appointment letter was issued on 26.05.2011. The only major difference in these four appointment letters issued to the Applicant No.1 is that her remuneration for Part-Time Teacher was fixed at Rs.400/- on 12.08.1986, to be paid by the Punjabi Academy, which was increased to Rs.700/- on 26.06.1996, again to be paid by Punjabi Academy, and the same was fixed at Rs.4500/- in the letters dated 13.06.2008 and 26.05.2011, again to be paid by the Punjabi Academy.
5. In the case of applicant No.2, she was first appointed as a Part Time Teacher at the MCD Primary School through letter dated 30.01.1987, which states as follows:-
To The Principal, Head Master/Mistress, MCD Primary School, Moti Nagar, South-I New Delhi 15.
Sir/Madam, I am directed to inform you that in consultation with the Education Department of Municipal Corporation of Delhi, it has provided by this Academy.
The Assistant Education Officer West Zone Delhi has requested to provide Punjabi Teachers for the Primary Schools of the Delhi Corporation. I am, therefore, deputing Ms Inderjeet Kaur for teaching Punjabi in your school.
Note: A copy of this letter is to be handed over to the teacher after bearing the words Joined today to return it to the Academy.
The teacher will enjoy no other right or privilege from the Academy ` for regular appointment or any other kind of service benefit from the MCD or Government. A monthly remuneration of Rs.400/- will be paid to the teacher arranged by the Academy.
You will furnish a separate certificate indicated his/her period of work in your school in a form prescribed by the Academy. The teacher will submit this certificate in the office of the Academy.
The teacher will impart lessons only in Punjabi to the Punjabi learning students. One period will be of 30 minutes in the primary classes. The time of starting and closing of those periods will be intimated by you to the Academy. Those periods will be allotted in succession is agreed with the teacher.
The leave applied by the teacher of his/her absence will be treated as without pay. The teacher will work as invigilator in the examination days. He/she will set the question papers, mark the answer books, compile the result and enter the marks in progress report of the students.
You will intimate the Academy the period of her long Leave (leave longer than a week) or date of discontinuation of the teacher to enable the Academy to provide a substitute.
As it has been decided with the superior authorities you will accept this teacher without any objection.
You will provide the teacher with recording and teaching facilities such as minority register, a-diary, an attendance register and black board.
The teacher will be considered on duty if he/she is deputed by you for any business to the office of the Academy.
You will demand Punjabi books under your signatures and school stamp and depute her to obtain these books from the Academys office or as the arrangement may be. You will furnish a certificate (in case of primary schools but not in case of private school) to the fact that these Punjabi books have been given to the Punjabi students of your school free of costs. (Emphasis supplied).
6. Once again a letter was issued on 06.08.1987 followed by another appointment letter dated 25.06.2001 when her remuneration was increased from Rs.400/- as on 30.01.1987, and Rs.500/- as on 06.08.1987, to Rs.1040/- through letter dated 25.06.2001, and she was issued another appointment letter dated 01.11.2011 to teach part time at the Nagar Nigam Vidayalaya, Moti Nagar, East, New Delhi at Rs.4500/-. In a similar manner, the applicant No.3 received one time letter dated 07.09.1987 as Part Time Teacher through the Punjabi Academy on a remuneration of Rs.500/-, and as per the documents produced at page-42, it has been clearly indicated that her working hours as a Part Time Teacher were to be from 10.00 A.M. to 01.00 P.M., and that she was teaching the 3rd, 4th and 5th Classes in the said Primary School at Ashok Nagar, New Delhi.
7. The applicant No.3 was similarly deputed as a Part Time Teacher with Baba Banda Singh Bahadur Memorial School through letter dated 31.03.1987, which states as follows:-
Sub : Deputation of Mrs. Gurvinder Kaur to teach Punjabi.
Sir/Madam, In consultation with Directorate of Education, Delhi Language Teachers (Punjabi) are being provided by Punjabi Academy on part-time basis on fixed remuneration of Rs.300/-, 500/- 600/- to promote Punjabi language in Primary, Middle and Secondary/Senior Secondary classes respectively in schools of Union Territory of Delhi. A proper record of attendance is to be maintained in the schools.
The part-time teachers so deputed actually will have no right against any appointment on regular basis in Directorate of Education or any other department of Delhi Administration, Delhi. Their services are likely to be terminated at any time without assigning any reason therefore.
8. Later on, her appointment as a Part Time Teacher was continued through letter dated 27.07.1988 at the Nagar Nigam Prathmik Vidalaya Chattapur, New Delhi, and dated 13.07.92 at the Nagar Nigam Prathmik Vidalaya, Pankha Road-1, Nangal Raya, New Delhi.
9. Later, when Applicant No.3 wanted her name to be registered for employment as Part Time Punjabi Language Teacher by the Employment Exchange, a No Objection Certificate was issued on 06.04.1988 by the Respondent No.5, Punjabi Academy. The applicant No.3 was also invited for an Expedition for literacy in Hari Nagar Vidhan Sabha Constituency through letter dated 8.5.1998, and was again appointed as a Part Time Punjabi Teacher at the Municipal Corporation Primary School, Tihar No.2, Ashok Nagar, New Delhi, through letter dated 24.05.2011, at the consolidated remuneration of Rs.4500/-. The applicant No.3 has also enclosed the certificates regarding the various Training Programmes attended by her as a Part Time Punjabi Teacher under the Sarva Shiksha Abhiyan, and the State Council of Educational Research and Training (An Autonomous Organization of Govt. of NCT of Delhi).
10. The last such letter of appointment produced on behalf of applicant No.4 was dated 25.05.2011, with the School of Nagar Nigam Prathmik Vidalaya, Nangal Raya, New Delhi at the consolidated remuneration of Rs.4500/-. Similar appointment letters have been mentioned, in the case of applicant No.5 dated 14.05.1987, 17.05.1988, 07.10.1998, 01.10.1999, 14.06.2000, 09.07.2001, 16.01.2002 and on 26.05.2011 for consolidated remuneration of Rs.500/-, Rs.900/-, Rs.1400/-, Rs.1820/- Rs.1690/- and finally Rs.4500/-. In respect of applicant No.6 also similar letters relate to different dates and different rates of remuneration have been mentioned, that of 04.12.1987 for consolidated remuneration of Rs.500/-, and that of 15.06.2006 on the consolidated remuneration of Rs.2272/-.
11. In respect of applicant No.7 the remuneration was fixed at Rs.500/- on 10.10.88, Rs.1690/- on 21.05.2001, and Rs.4500/- on 24.05.2011. In respect of applicant No.8 through letter dated 07.06.2007, the consolidated remuneration was fixed at Rs.4500/-.
12. The applicant No.9 was first appointed on 28.08.1989 at consolidated remuneration of Rs.500/- and then again through letter dated 18.06.1997.
13. The applicant No.10 was appointed on 14.12.1992 at the consolidated remuneration of Rs.700/-, on 25.06.1998 at the consolidated remuneration of Rs.900/- and on 26.05.2011, at the consolidated remuneration of Rs.4500/-.
14. The last applicant No.11 was first appointed on 05.08.1991 at consolidated remuneration of Rs.700/- at Government Boys Middle School Mangol Puri, Delhi, on 13.07.1993 at the monthly remuneration of Rs.700/-, on 30.06.1995 without indicating any fixed remuneration, and then on 02.07.1996 at the consolidated remuneration of Rs.700/-, and on 26.05.2011 at the consolidated remuneration of Rs.4500/-.
15. The applicants in this OA have claimed that such appointments of theirs, as Part Time Punjabi Language Teachers in various schools, were after due process of selection by a Selection Board, and in violation of Rule 101(2) of Delhi School Education Rules, 1973, they have all through been paid less remuneration than one-half of the remuneration of a Full Time Teacher appointed on a regular basis, which should have been admissible to the Teachers on Part Time basis. They have also submitted that they have been denied medical facilities and other service benefits as admissible to Full Time Teachers, and nor have their services have been regularized. It has also been submitted that the Respondent No.4 has, from time to time, recruited Primary Teachers-Punjabi on regular basis, but without recognizing the qualifications and experience and the services rendered by the applicants in the Part Time posts held by them. It was, however, admitted that the Respondent No.3 Directorate of Education, Govt. of NCT of Delhi, had relaxed the age criteria in respect of such Part-Time candidates in the recruitment for the post of Primary Teachers-Punjabi conducted by them (Annexure A-2) dated 20.09.1993 and 22.07.1992.
16. It has been further submitted that through Decision dated 20.06.2008 (Annexure A-3/Colly), the services of all 231 Part Time Teachers being deployed in Govt. Senior Secondary Schools (including 50 for Sanskrit, 75 for Urdu and 100 for Punjabi) by the concerned language Academy under the Government of NCT of Delhi were made Full Time with immediate effect, and as per the pay fixation norms of different categories of Teachers, PGTs and TGTs, their consolidated remuneration also was revised. It was also notified on 20.06.2008 itself that on becoming Full Time Teachers, they were likely to be redeployed against vacant sanctioned posts, in different Schools, keeping in view the academic requirements of the Directorate, but that such elevation of the Part Time Teachers as Full Time in accordance with the norms of the Directorate shall not entitle them to claim any regularization or any concession, for example leave, LTC, Medical facilities etc. at par with regular teachers of the Directorate. For the purpose of payment of upgraded salary to the Part Time Urdu and Punjabi Teachers still working thereafter, recommendations have been sought from the MCD through letter dated 26.03.2009 (Annexure A/4 colly). The applicants have also produced the Minutes of the meeting held on 26.05.2009 in the MCD Education Committee, in which it was decided that if and when the working hours of the 192 Part Time Teachers appointed by Punjabi Academy are increased from 3 hours duty to 5 hours duty, the MCD will have no objection to consolidated remuneration of Rs.9500/- to be paid to them.
17. A representation was given on behalf of the Language Teachers Welfare Association Punjabi Academy on 02.03.2010 that, like done in the case of the 231 Part-Time Teachers of Sr. Secondary Schools, with J.B.T, B.A., B.Ed, M.A., B.Ed qualifications the remuneration having been increased to Rs.11,140/-, the same benefit has not been extended to the Part Time Punjabi Teachers of Primary Schools, even though they were having similar qualifications, and it was prayed that their remuneration should also be increased. Another representation on similar lines was given on 23.04.2010.
18. In the meanwhile, this Tribunal decided the TA No.1236/2009 with T.A. No.1237/2009 and T.A. No.1238/2009 on 08.09.2009, in which there were 2 +65+17 applicants, all Part-Time Urdu Teachers. The case was decided in the light of the order in TA No.261/2009 dated 08.07.2009 dated 08.07.2009 and the following directions were issued:-
14. In the light of the above, as we find that the respondents have vacant posts of Assistant Teachers (Primary-Urdu) if hold a selection the applicants have a right to participate with relaxation of age, which had already been given for their years of working by the Lieutenant Governor on 20.9.1993, due weightage as per the dicta in Umadevi (supra) to their experience shall also be an entitlement to them.
15. As regards wages to a contract worker at par with regular employee, The Apex Court in State of Haryana v. Charanjit Singh, (2006) 9 SCC 321 held that equal pay for equal work has no applicability in case of a contract labour. We are told that from July 2008 consolidated salary of more than Rs.13000/- per month is being paid to the applicants, yet they have raised a grievance that under the Delhi School Education Act, 1974 it is incumbent upon the respondents in case of part time employee to pay to them at least half of the wages. This aspect needs to be re-examined by the respondents from the date the applicants have started functioning on part time basis.
16. As regards applicants in TA-1236 and TA-1238 of 2009, as they have been selected and their appointments have been withheld by the orders of the Court, we direct respondents to go ahead with the selection process and to give effect to its outcome by offering appointments to applicants in the above TAs, within a period of two months from the date of receipt of a copy of this order. We also dispose of TA-1237/2009 with a direction to the respondents to hold a selection for the posts of Assistant Teacher (Primary-Urdu), which are admittedly vacant with an opportunity to applicants in this TA to participate and as they are eligible, they shall be considered, giving due weightage to their experience on age relaxation. On result of such selection, law shall take its own course. Till then status quo, as of today shall be maintained. We further direct that the issue regarding payment of at least half of the wages of a regular employee as per the Delhi School Education Act, 1974 shall be examined by the respondents within the aforesaid period of two months and a reasoned order shall be passed. If the entitlement is established, arrears thereof shall be disbursed to applicants in TA-1236/2009. No costs.
19. But the applicants therein were not satisfied, and approached the Honble High Court in W.P. (C ) No.13296/2009 with W.P. (C ) No.2221/2010, in which the Honble High Court had issued the following directions:-
17. We dispose of the writ petitions issuing a mandamus to the respondents to release the salary due and payable to the petitioners with reference to the mandate of Rule 101 of the Delhi School Education Rules 1973 and as explained by us herein above. Noting that the petitioners raise the claim when they filed writ petitioners in this Court in the year 2000 which were transferred for adjudication to the Tribunal, we direct that arrears would be paid with effect from 1.1.2000 and the same would be calculated by determining the wages payable as per Rule 101 of the Delhi School Education Rules 1973 with reference to the pay scales applicable to the regularly appointed teachers and the entitlement of the petitioners would be 50% of the wages payable. Since the Director of Education is charged with the statutory duty of ensuring compliance with the provisions of the Delhi School Education Rules 1973 and the rules framed there-under our mandamus is directed to the Director of Education to ensure compliance not only pertaining to the Government Schools directly under his control but even the Municipal Schools.
18. We note that we have not decided the claim of the petitioners for being paid equal wages on account of performing full duties for the reason there is no material to support the said plea.
19. Arrears would be worked out and disbursed to the Urdu Academy by the Government of NCT Delhi and the Municipal Corporation of Delhi with reference to the Teachers deputed under their respective schools which in turn would be paid over to the petitioners within a period of six months from today.
[Emphasis supplied]
20. It is seen that the Honble High Court also had not decided the claim of the Petitioners before it for being paid equal wages on account of their claim of performing full duties, as there was no material to support that plea.
21. Still, in the present OA, the applicants have made a similar submission, without furnishing any proof that they were working in various schools as Full Time Teachers, and, therefore, they are entitled to be made as Full Time Assistant Teachers- Punjabi in the pay scale of Rs.9300+34800+Grade Pay 4200, along with other consequential benefits admissible to a Full Time Regular Teacher, and are also admissible to be regularized in the posts of Assistant Teacher (Primary-Punjabi) from the respective dates of their appointments on regular pay basis.
22. The applicants have taken the ground that the action of the respondents in not regularizing the services of the applicants even after a long service of 25 years is arbitrary, and that their continuation on a meagre remuneration of Rs.4500/- for 10 months in a year for such a long period of 25 years is against the principles of natural justice. They have also submitted that since they are getting remuneration from the funds allocated by Respondent No.1 on an yearly basis to Respondent No.5 Punjabi Academy from the State Annual Budget, therefore, they are entitled to the service benefits as applicable to a regular teacher, and that they have been rendering services akin to the vacant posts, and that it would be unfair to compel them to apply for appointment to a post now, the duties and obligation of which they have been fulfilling, and, therefore, their candidature should have precedence/ preference over any fresh recruits.
23. It was also submitted that the applicants have become over aged, and they cannot get any employment under the Government or anywhere if their services are dispensed with now, and that the Honble Apex Court has held in a catena of Judgments that the practice of engaging persons on casual basis for doing jobs of regular nature cannot be allowed in the interest of natural justice.
24. The applicants have further taken the ground that they have not only been teaching Punjabi through out the year uninterruptedly, but have also been performing administrative tasks, such as class teachers, paper setters, and examiners etc., and that, therefore, they cannot be denied the scale of pay and other consequential service benefits under Rule 107 of the Delhi School Education Rules 1973. They have also taken the ground that since they have been engaged for more than 240 days period in a year, their services have to be regularized, and since the Respondent No.4 has a large number of vacancies of Assistant Teachers-Punjabi, but still they are not taking action to regularize the applicants. In view of this, they have submitted that this Tribunal may direct that the applicants are not only entitled to be made as Full Time Teachers-Primary in Punjabi in the pay scale of Rs.9300-34800+G.P.4200, but that they are also entitled for regularization in the pay scale and other consequential benefits from the dates of their initial appointments and introduction of the Part-Time Punjabi Teachers Scheme. In the result, they had prayed for the reliefs as follows:-
i. Direction to the respondents no.1 to 3 to issue suitable directions to R-4 for making the service of the Applicant(s) Full Time in the Scale of pay of (9300-34800+G.P.4200) with other service benefits forthwith w.e.f.20.06.2008 in terms of Rule 107 of the Delhi School Education Rules 1973.
Direction to the respondents to formulate a scheme for absorption/regularization of the services of the applicant (s) as regular Assistant Teachers (Primary-Punjabi) and grant them pay scales and other consequential services benefits as admissible to the regular teachers from the dates of their initial appointments;
Directions to the respondents for release of arrears of salary and other service benefits accruing from being made as Full Time Teachers/regularization of their services from the date of their initial appointment;
Direction to R-3 being charged with statutory duty of ensuring compliance with the provisions of the Delhi School Education Act 1973 and Rules framed thereunder to ensure compliance of various provisions of the Delhi School Education Act 1973 and Rules.
and may pass such order and/or orders as it may deem fit and proper under the facts and circumstances of the complaint in the interest of justice.
25. The Respondent No.5, Punjabi Academy filed a counter reply on 04.04.2012. Respondents Nos. 1 to 4 did not file any reply. In their reply, Respondent No.5 had taken a stand that this OA is not maintainable for want of jurisdiction of this Tribunal, as no Notification as envisaged under Section 14 (2) of the Administrative Tribunals Act, 1985, has been issued by the Government of India, thereby bringing the Punjabi Academy, a Society registered under the Societies Registration Act, 1860, within the purview of the Administrative Tribunals Act, 1985, and under the jurisdiction of this Tribunal, only after which this Tribunal can exercise its jurisdiction in respect of such authority.
26. Apart from this preliminary objection of jurisdiction, on the merits also the Respondent No.5 Punjabi Academy had submitted that on a similar issue, a Writ Petition No.1080 of 1994 had earlier been filed by the same Bhasha Teachers Welfare Association, Punjabi Academy, before the Honble High Court of Delhi, obviously realizing that the Punjabi Academy did not fall within the jurisdiction of this Tribunal, and that the Honble Delhi High Court had passed its order in that Civil Writ Petition No.1080/1994 on 16.11.1998, which had been filed as Annexure R-1.
27. It was further submitted that the Punjabi Academy does not have any public character in the functioning of the Academy, and it does not come within the purview of the State, as defined under Article 12 of the Constitution of India. It was submitted that it is functioning only as a nodal agency with the sole objective to promote Punjabi language in the Union Territory of Delhi, by providing teachers on part-time basis for short periods. It was further submitted that it has neither any authority to create a post in a regular time scale, nor the authority to appoint regular teachers against any such posts. It was submitted that the decision to provide Punjabi teachers on a part-time basis was taken by the Governing Council of the Punjabi Academy in the meeting held on 16.01.1984, and implemented from 1985-86 onwards, to assist the students willing to learn Punjabi either at the primary level or post-primary level. There were only 70 Part-Time Teachers provided during the year 1985-85, and the number rose to 656 in 2010-11.
28. It was further submitted that for the implementation of the Scheme, the Punjabi Academy had interviewed individuals who had studied Punjabi up to various levels, whether they were qualified to be appointed as Teachers on regular basis or not, and depending upon the qualifications of the individuals, a panel was prepared, and in the appointment letters issued by the Punjabi Academy, it was clearly mentioned that such appointments were for a limited period of 10 months, because funds had been provided to both Urdu and Punjabi Academies only for 10 months in a year for such purpose. It was further submitted that in fact most of the persons so engaged on part-time basis, including the applicants, are not qualified to be appointed as Teachers on regular basis, and, therefore, their services were only accepted for part-time work. It was also submitted that the role of the Punjabi Academy is only transitory in nature, till such time the relevant authorities work out their requirement and appoint regular teachers as per the Recruitment Rules. It was submitted that out of 656 persons presently empanelled, only 122 were qualified to teach secondary and senior secondary classes, and 177 were qualified to teach only primary classes. Thereafter, citing the case of the Secretary, State of Karnataka vs. Uma Devi, 2006 (3) SLJ 1 (SC)=2006 (4) SCC 1, it was submitted that the applicants are not entitled to claim regularization as a matter of right.
29. Heard the cases in detail. We have also gone through all the pleadings and documents. It is seen that in Writ Petition (C) No.1080/1994 dated 16.11.1998, the Honble High Court of Delhi had considered in detail the case of Punjabi Academy Teachers Association through its Senior President and one individual. This judgment was delivered much before the Honble Apex Court judgment in Uma Devis case (supra) cited by the Respondent No.5, and in the operative portion Paras 12 & 13 of its judgment, the Honble High Court had, after considering the case law as available till that date, laid down the ratio as follows:-
12. I am of the view that the members of the first petitioners association and the second petitioner having been appointed on part-time basis and having regard to the fact that the Punjabi Academy has been acting in the interest of the part-time teachers, the petitioners have not made out any case for interference. The respondents act on the basis of the need for teachers and whenever regular vacancies are available the respondents take prompt steps to fill them up from among the persons in the list maintained by the Punjabi Academy. The Part-time teachers cannot as a matter of right claim regularization. And that will be contrary to the entire scheme of things.
13. Accordingly, the writ petition stands dismissed. There shall be no order as to costs.
[Emphasis supplied]
30. Firstly, we find that the submission made in the reply filed by the Respondent No.5 Punjabi Academy that it has not been notified under the jurisdiction of this Tribunal is correct. However, since the Respondents Nos. 1-4, who did not file a reply in this case, do fall within the jurisdiction of this Tribunal, and the applicants have been teaching as Part-Time Teachers in the Schools run by the MCD (now trifurcated), and New Delhi Municipal Corporation (NDMC, in short) which have been notified to be under the jurisdiction of this Tribunal, we find it difficult to reject the case of the applicants outright on the point of jurisdiction alone.
31. Coming to the merits of the case, none of the applicants, as given in the discussion above in detail, have been able to show any continuity of his or her appointment, even on Part-Time basis, over all these years. Even the Annexures filed by the applicants only go to prove their intermittent engagement, and the point made by the Respondent No.5 in its counter affidavit that the Punjabi Academy maintains a panel, and as and when there is a requirement of the Part-Time Punjabi Teacher in a School run by MCD (now trifurcated) or NDMC, they depute a person from the panel maintained by them, and make payment for such part-time engagement from their coffers, rather than the concerned School making the payment for such Part-Time teaching, since such deployment from the panel maintained by the Punjabi Academy is sporadic, and non continuous. It is also seen that because the names of the applicants were maintained in the panel of Respondent No.5, in some years, they were being sent to one School, and some other years they were being called upon to assist in different Schools, and there has never been a continuity of even their engagement as Part-Time Teachers. The very apt observations of the Honble Delhi High Court in its judgment dated 16.11.1998 in W.P. (C) No.1080/1994, as reproduced in para/29 above, strengthen our own conclusions also in this regard.
32. In any case, none of the applicants have been able to prove any employer-employee relationship with Respondents Nos. 1-4, and all of them admitted that their engagement as part-time teachers have always been made by the Punjabi Academy/Respondent No.5, and that they have been paid by the Punjabi Academy/Respondent No.5 only at the different rates of remuneration fixed from time to time.
33. Therefore, in view of the unequivocal findings of the Honble High Court of Delhi arrived at on 16.11.1998, cited by the Respondent No.5 and re-produced at para/29 above, and in view of the law of the land as laid down by the Honble Apex Court in Uma Devis case (supra), we do not find any merit in the submissions of the applicants in this OA, and none of their prayers deserve to be allowed. Therefore, this OA is rejected on merit also, but there shall be no order as to costs.
(Sudhir Kumar) (G. George Paracken) Member (A) Member (J) cc.