Central Administrative Tribunal - Delhi
Harish Vats vs Accountant General on 9 March, 2022
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OA No. 497/2022
Item No. 06
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A. No. 497/2022
M.A. No. 519/2022
This the 09th Day of March, 2022
Hon'ble Ms. Manjula Das, Chairman
Hon'ble Mr. Mohd. Jamshed, Member (A)
1. Harish Vats
Aged about 50 years
S/o Sh. Ravi Datt
R/o Flat No.5, Pocket-H-33, Sector-3, Rohini, Delhi-110085
Mob. No. 9868285095
Post: Part Time PGT Vocational Teacher
Group_ B.
2. Vineet Bhasin
Aged about 46 years
S/o Sh. A. L. Bhasin
R/o C-4/116, Sector-31, Noida, Uttar Pradesh-201301
Mob. No. 9911597991
Post: Part Time PGT Vocational Teacher
Group - B.
3. Virander Singh Maan
Aged about 57 years
S/o Sh. Pitam Singh Maan
R/o C-219, Gali No.9, Bhajanpura, Delhi-110053
Mob. No. 9968072648
Post: Part Time PG Vocational Teacher
Group - B.
4. Asha Sharma
Aged about 59 years
W/o Sh Rajesh Kumar Sharma
R/o 42, 3 C Dharma Colony Nangloi, Delhi-110041
Mob. No. 9990439822
Post: Part Time Vocational Teacher
Group - B
5. Dev Dutt
Aged about 57 years
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Item No. 06
S/o Sh. Mange Ram
R/o 38, Nahar Singhwali Gali Vill-Tigipur, Post Office
Bakhtawar Pur, Delhi-110036
Mob. No. 9871152867
Post: Part Time PGT Vocational Teacher
Group - B.
6. Sh. Rajesh Kumar
Aged about 55 years
S/o Sh. Nafe Singh
R/o H. No. 346, Village & Post Office Mundka, Delhi-110041
Post: Part Time PGT Vocational Teacher
Group - B.
7. Sanjay Kumar Sharma
Aged about 46 years
S/o Late Sh. Manohar Lal Sharma
R/o T-21, Baba Faridpuri, West Patel Nagar, New Delhi-
110008
Mob. No. 9711953252
Post: Part Time PGT Vocational Teacher
Group - B.
8. Virender Kumar
Aged about 48 years
S/o Sh. Hari Chand Sharma
R/o H. No. 4, Shivpuri Colony, Samrypur, Delhi-110042
Mob. No. 9718197853
Post: Part Time PT Vocational Teacher
Group - B.
9. Sanjeev Kumar
Aged about 51 years
S/o Sh. Narinder Lal Sharma
R/o D-90, Yadav Nagar, Near Samay Pur Badli, Delhi-
110042
Mob. No. 9868619270
Post: Part Time PGT Vocational Teacher
Group - B.
10.Ramesho Devi
Aged about 54 years
W/o Sh. Tarif Singh
R/o H. No. 704, Gali No.2-A, Swatanter Nagar, Narela,
Delhi-110040
Mob. No. 9250622062
Post: Part Time PGT Vocational Teacher
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OA No. 497/2022
Item No. 06
Group - B.
11. Renu Sharma
Aged about 48 years
W/o Sh. Munish Chander Kaushik
R/o H. No. 170, Ishwar Colony, Bawana, Delhi-110039
Mob. No. 8920560150
Post: Part Time PGT Vocational Teacher
Group - B.
12. Pushpa
Aged about 42 years
W/o Sh. Ram Sageena Yadav
R/o H. No. 1/35, NOC-1, Gali No.4, Rama Vihar, Delhi-
110081
Mob. No. 9811347946
Post: Part Time PGT Vocational Teacher
Group - B.
13. Meena Rani
Aged about 51 years
W/o Sh. Anand Kumar
R/o G-225, Gali No.9, Punjabi Colony, Narela, Delhi-110040
Mob. No. 851004439
Post: Part Time PGT Vocational Teacher
Group - B.
14. Manoj Kumar
Aged about 50 years
S/o Sh. Kurdia
R/o H. No. 1122, Bawana, Delhi-110039
Mob. No. 8826481075
Post: Part Time PT Vocational (Steno-English)Teacher
Group - B.
15. Sanjiv Nigam
Aged about 51 years
S/o Sh. Shiv Raj Nath Nigam
R/o AG-594, Shalimar Bagh, Delhi-110088
Mob. No. 9911166290
Post: Part Time PGT Vocational Teacher
Group - B.
16. Satish Gaur
Aged about 50 years
S/o Sh. Rampartap Gaur
R/o VPO Khanda Distt. Sonepat, Haryana
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Item No. 06
Mob. No. 09466029238
Post: Part Time PGT Vocational Teacher
Group - B.
17.Shashi Bala
Aged about 61 years
W/o Sh. Rajender Bhardwaj
R/o H. No. 217, V & PO Ghoga, Delhi-110039
Mob. No. 9313851281
Post: Part Time PGT Vocational Teacher
Group - B.
18. Rajbala Gaur
Aged about 57 years
W/o Sh. Ragvir Singh Gaur
R/o H. No. 25, Shivpuri, Samaypur, Delhi-110042
Mob. No. 9289042757
Post: Part Time PGT Vocational Teacher
Group - B.
19. Ranvir Singh Dhankher
Aged about 51 years
S/o Sh. Chand Ram
R/o Gali No.1, Near Raibow School Patel Nagar, Sonipat,
Haryana
Mob. No. 08587840874, 09812735054
Post: Part Time PGT Vocational Teacher
Group - B.
20.Shyam Sunder
Aged about 45 years
S/o Sh. Krishan Dutt
R/o H. No. 529, Vill. & Post Office Dariya Pur Kalan, Delhi-
110039
Mob. No. 9350181722
Post: Part Time PGT Vocational Teacher
Group - B.
21.Namrita Mankani
Aged about 51 years
W/o Sh. Pawan Kumar Mankani
R/o A-2/415, Sector-8, Rohini, Delhi. 110085
Mob. No. 8860288656
Post: Part Time PGT Vocational Teacher
Group - B.
22.Sanjana Mendiratta
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OA No. 497/2022
Item No. 06
Aged about 52 years
W/o Sh. Jatinder Kumar
R/o 202, Star Appartment, Sector-9, Rohini, Delhi-110085
Mob. No. 9873702548, 9811265548
Post: Part Time PGT Vocational Teacher
Group - B.
23.Devender Singh
Aged about 44 years
S/o Sh. Hawa Singh
R/o 55, Swastik Kunj, Sector-13, Rohini, Delhi-110085
Mob. No. 9810071744
Post: Part Time PGT Vocational Teacher
Group - B.
24.Pratima
Aged about 46 years
W/o Sh. Devender Batra
R/'o H. No. 170, Sandesh Vihar, P&T Colony, Pitampura,
Delhi
Mob. No. 9968159228
Post: Part Time PGT Vocational Teacher
Group - B.
25.Veena Khanijau
Aged about 54 years
W/o Sh. Prem Kumar
R/o 13/37-B, First Floor, Tilak Nagar, Delhi-110018
Mob. No. 9873000770
Post: Part Time PGT Vocational Teacher
Group - B.
26.Simmi
Aged about 56 years
W/o Sh. Harjinder Singh
R/o D-125, West Patel Nagar, New Delhi
Mob. No. 9711960675
Post: Part Time PGT Vocational Teacher
Group - B.
27.Lakshmi Matani
Aged about 46 years
W/o Sh. Lalit Arora
R/o WP-38-A, LIG Flat, Maurya Enclave, Pitam Pura, Delhi-
110034
Mob. No. 9911657744
Post: Part Time PGT Vocational Teacher
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Item No. 06
Group - B.
28.Usha
Aged about 48 years
w/o Late Sh. Ram Kumar
R/oH. No. 1057-A, V & PO Bawana, Delhi-110039
Mob. No. 9868877619
Post: Part Time PGT Vocational Teacher
Group - B.
29.Gunwanti
Aged about 45 years
W/o Sh. Naresh Kumar
R/'o H. No. 1072, V & PO Bawana, Delhi-110039
Mob. No. 9210120510
Post: Part Time PGT Vocational Teacher
Group - B.
30.Rekha Chopra
Aged about 45 years
W/o Sh. Ravinder Parkash
R/o H. No. 39/G-29, Sector-3, Rohini, Delhi-110085
Mob. No. 9599110450
Post: Part Time PGT Vocational Teacher
Group - B.
31.Dinesh Sharma
Aged about 55 years
W/o Sh. Jaswant Singh
R/o H. No. 30/B, Ishwar Colony, V & PO Bawana Delhi-
110039
Mob. No. 9716683962
Post: Part Time PGT Vocational Teacher
Group - B.
32.Ashok Kumar
Aged about 47 years
S/o Sh. Raghuvir
R/o L-321, Dr. Ambedkar Nagar, Sector-S, Dakshin Puri
New Delhi-110062
Mob. No. 9312873784
Post: Part Time PGT Vocational Teacher
Group - B.
33.Sandhya Wadhwa
Aged about 48 vears
W/o Sh. Neeraj Wadhwa
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Item No. 06
R/o 2/80, 1s Floor, Roop Nagar, Delhi-110007
Mob. No. 9212235523
Post: Part Time PGT Vocational Teacher
Group - B.
34.Ranvir Singh
Aged about 52 years
S/o Sh. Vijendra Singh
R/o H. No. 1048, B Block Gali No.3, Sant Nagar Burari,
Delhi-110084
Mob. No. 9718310921
Post: Part Time PGT Vocational Teacher
Group - B.
35.Jatinder Kaur
Aged about 54 years
W/o Sh. Pritam Singh
R/o C-8/225, Lawrance Road, Delhi-110035
Mob. No. 9312010765
Post: Part Time PGT Vocational Teacher
Group - B.
36.Usha Sharma
Aged about 53 years
W/o Sh. Prem Dutt Bhardwaj
R/o 24, Sawan Park Ext. Ashok Vihar, Phase-III, Delhi-
110052
Mob. No. 9015131117
Post: Part Time PGT Vocational Teacher
Group - B.
...Applicants
(By Advocate: Mr. Anuj Aggarwal & Mr. Shaqib Haleef)
Versus
1.Department of Expenditure
Through its Director
Ministry of Finance,
Government of India,
Room No. 76, New Delhi-110001.
2.Govt. of NCT of Delhi
Through its Deputy Director
8
OA No. 497/2022
Item No. 06
Directorate of Education
(Vocational Education Branch)
Plot No. 3, 2nd Floor,
Science Centre-3 Building,
Link Road, Karol Bagh,
New Delhi-110005.
...Respondents
(By Advocate: Mr. Amit Anand)
ORDER (ORAL)
Hon'ble Ms. Manjula Das, Chairman The present O.A. has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985 seeking therein the following relief(s):
(i) Set aside the impugned Order No. F.DE-
45/VE/985/CAT/2019/3184-3187 dated 30.12.2019, whereby the claim of the applicants herein for payment of Dearness Allowances twice a year and as paid to their regular counter parts/Post Graduate Teacher (PGT), was rejected;
(ii) Declare that the impugned action on the part of Govt.
of NCT of Delhi, respondent No. 2 herein, in not paying the proper Dearness Allowances to the applicants, who are working as Part Time Vocational Teachers as payable to their regular counter parts/Post Graduate Teacher (PGT), is illegal as well as unjustified;
(iii) Declare that applicants are entitled to increase in DA twice a year in consonance with the increase in DA as given to the regular PTs retrospectively w.e.f. January 2013 till date and accordingly, direct the respondents to continue to pay appropriate DA on the principles of equal pay for equal work;
(iv) Direct the Govt. of NCT of Delhi to pay the arrears of salary to the applicants on account of revision in DA along with interest @, 18% per annum thereupon; 9 OA No. 497/2022 Item No. 06
(v) Allow the present Original Application with costs in favour of the applicants; and
(vi) Pass any other order or direction as this Hon'ble Tribunal may deem fit & proper in the interest of justice and in the favour of the applicants.
2. At the very outset, learned counsel for the applicants submitted that the applicants are working as Part-Time Vocational Teachers in the schools run by the Respondent No.2. They were appointed through open advertisement and were interviewed prior to their appointment. It is further submitted that even though they are designated as Part-Time employees, they are working on full time basis and discharging the same duties as are discharged by regular/permanent PGTs.
3. It is further submitted that in the year 1995, Govt. of NCT of Delhi had sanctioned/created 97 posts of Vocational Teachers but till date they are lying vacant. Further, vide reply dated 09.08.2012, it was declared by the Govt. of NCT of Delhi that the Part-Time Vocational Teachers will receive their consolidated salary calculated on the basis of basic pay, GP & DA, as payable to regular PGTs. The applicants are getting salary in the minimum of the pay scale plus Dearness Allowance as payable to the regular PGT. It is, however, stated 10 OA No. 497/2022 Item No. 06 that Dearness Allowance in case of the applicants is not revised in accordance with law.
4. The main contention of the learned counsel for the applicants is that in so far as payment of DA to Part-time Vocational Teachers is concerned, it is informed that Cabinet of GNCT of Delhi vide its Decision No. 2005 dated 09.04.2013 approved a proposal for enhancing remuneration of Vocational Part-time Teachers who fulfill the eligibility conditions laid down in the Recruitment Rules of PGT (Vocational) from Rs.13,160/- per month to Rs. 23,265/- per month (9300+4800+D.A. 65 % due on 1.1.2012). Apart from that, it was also approved that increase in DA will be given once in a year based on increase in Dearness Allowance. Accordingly, these Part Time Vocational teachers (PTVTs) are being given enhanced consolidated remuneration (on account of increase in DA) only once in a year in pursuance of the decision of Cabinet with prior approval of competent authority, and not given DA twice a year as is being given to regular employees of Govt. of NCT of Delhi.
5. During the course of arguments, learned counsel for the applicants submitted that the impugned Order dated 30.12.2019, whereby the claim of the applicants herein for 11 OA No. 497/2022 Item No. 06 payment of DA twice a year, and as paid to their regular counter-parts/PGTs, was rejected, and in violation of the principles of natural justice. The applicants accordingly pray for revocation of the impugned Order dated 30.12.2019 and to declare that the applicants are entitled to increase in DA twice a year in consonance with the increase in DA as given to the regular PGTs retrospectively w.e.f. January 2013 till date. A further direction is sought to the respondents to continue to pay appropriate DA to the applicants on the principles of equal pay for equal work, as also release the arrears of salary to the applicants on account of revision in DA along with interest @ 18% per annum.
6. It is further submitted that the GNCT of Delhi vide Notifications/Orders dated 25.07.2013, 14.07.2014, 23.07.2016, 21.07.2017 & 12.09.2017 declared that the increase in DA will only be given once a year to the Part Time Vocational Teachers, and the regular PGTs continue to get the increase in DA twice a year i.e. in the months of January and July every year. It is, therefore, submitted that the increase in the DA of the applicants only once a year is illegal, unjustified, in violation of principles of equal pay for equal work and the law declared by the Hon'ble Supreme Court in State of Punjab & Ors. Vs. Jagjit Singh & Ors in Civil Appeal No. 213 of 2013. 12 OA No. 497/2022 Item No. 06 Learned counsel for the applicants also relied on the Notification No. F.DE-45/(847)/VE/2008/161-370 dated 06.07.2009 wherein it is stated that:
"In exercise of the powers conferred by proviso to Article 39 of the Constitution read with Govt. of India, Ministry of Home Affairs Notification No. 27/50-Jim(I), dated 13.07.1959, the Lt. Governor of the NCT of Delhi is pleased to notify the decision of Council of Ministers regarding the enhancement of the Remuneration which was approved by the GNCT of Delhi vide Cabinet Decision No.1480 dated 08.10.2008, conveyed by Order No. F.3/3/2004- GAD/CN-4285-96, dated 13.10.2008 of General Administration Department, Govt. of NCT of Delhi, subject to the following conditions:-
1. The Part time Vocational Teacher shall take 32 periods per week, as prescribed by the Directorate of Education for the regular PGTs. (as per Delhi School Education Act, 1973 & the Rules framed thereunder, a regular PGT has to perform 1000 teaching hours per Calender year and in addition to this, an additional teaching of 200 hours over and above 1000 hours stated above). If the number of periods taken by them is less than the prescribed limit, their remuneration shall be reduced proportionately.
2. The assignment of 32 periods shall not make them eligible for claim of any regularization or any concessions, i.e. leave, medical facilities etc. at par 13 OA No. 497/2022 Item No. 06 with the regular teachers under the Directorate of Education, Govt. of NCT of Delhi.
3. They shall by accountable to the concerned Principal/HOS with respect to their work and conduct."
7. Learned counsel for the respondents submitted that the contentions raised by the learned counsel for the applicants are contrary to the aforementioned judgment passed by the Hon'ble Supreme Court in State of Punjab & Ors. Vs. Jagjit Singh & Ors. and the above judgment is not applicable to the facts of this case. It is further submitted by learned counsel for the respondents that if the applicants cannot rely on the said judgment, as it does not provide that the Part Time Vocational Teachers are to be paid the DA twice a year.
8. Heard Sh. Anuj Aggarwal and Sh. Shaqib Haleef, learned counsel for the applicants and Sh. Amit Anand, learned counsel for the respondents.
9. Learned counsel for the applicants have failed to rebut the contention raised on behalf of the respondents that equal pay for equal work is applicable only in case of the regular employees, and the Part-Time employees cannot be compared with the regular employees in this manner.
14OA No. 497/2022 Item No. 06
10. In view of the above, the submissions made by the learned counsel for the applicants cannot be treated as valid contentions. We do not find any merit in the OA and accordingly, the same is dismissed. However, there shall be no orders so as to costs.
11. M.A. No. 519/2022 also stands disposed of.
(Mohd. Jamshed) (Manjula Das)
Member (A) Chairman
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