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Sonia Bablani & Ors vs Govt. Of Nct Of Delhi & Ors on 4 May, 2021

Author: Rajiv Sahai Endlaw

Bench: Rajiv Sahai Endlaw, Amit Bansal

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 4770/2021
       SONIA BABLANI & ORS.                               ..... Petitioners
                    Through:             Mr.   Rajeev     Kumar        Awasthi,
                                         Advocate.

                          versus

       GOVT. OF NCT OF DELHI & ORS.             ..... Respondents
                     Through: Ms. Avnish Ahlawat, Standing
                              Counsel GNCTD with Mr. Nitesh
                              Kumar Singh, Mrs. Tania Ahlawat
                              and Ms. Palak Rohmetra, Advocates.

CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
HON'BLE MR. JUSTICE AMIT BANSAL
             ORDER

%            04.05.2021
[VIA VIDEO CONFERENCING]
C.M. No.14713/2021 (for exemption)

1. Allowed, subject to just exceptions and as per extant rules.

2. The application is disposed of.

W.P.(C) 4770/2021 & C.M. No.14712/2021 (for stay)

3. This writ petition, filed by 9 teaching staff and 2 non-teaching employees of the Central Academy School, established by Children Education Trust of India, and which school, under the orders of this Court, was taken over on a permanent basis, by the respondents Department of Education of the Govt. of NCT of Delhi (GNCTD), impugns the order dated 2nd February, 2021 of the Central Administrative Tribunal (CAT) Principal W.P.(C) 4770/2021 Page 1 of 3 Bench, New Delhi, of dismissal of T.A No.100/10/2016 preferred by the petitioners.

4. The petitioners, besides impugning the order aforesaid of CAT, have also sought a writ of mandamus commanding the respondents to grant to the petitioners the status and benefits of Assured Career Progression (ACP) Scheme/Modified Assured Career Progression (MACP) Scheme and of promotion, as granted to teachers/employees of the government schools.

5. The counsel for the respondents appearing on advance notice has contended that the teachers/employees of private schools are not entitled to the benefits of ACP/MACP Scheme.

6. We have enquired from the counsel for the respondents Department of Education of GNCTD, that once the management of the private school has been taken over by the respondents Department of Education of GNCTD on a permanent basis and the teachers/employees of the school vide order dated 3rd July, 1996 of the Lieutenant Governor are held to be entitled to the same benefits as applicable to their counterparts in government schools, on what basis can petitioners be deprived of the benefits of ACP/MACP Scheme.

7. Prima facie it appears that once the petitioners have been placed at par with their equivalents in the government schools, there should be no difference in the matter of grant of ACP/MACP benefits.

8. Issue Notice.

9. Notice is accepted by the counsel for the respondents Department of Education of GNCTD.

10. Though counter affidavit on behalf of the respondents was filed before CAT, but on request of the counsel for the respondents, a counter affidavit to this writ petition is permitted to be filed, within eight weeks.

11. Rejoinder thereto, if any, be filed within further four weeks thereafter.

12. List on 26th August, 2021.

RAJIV SAHAI ENDLAW, J AMIT BANSAL, J MAY 04, 2021/sr W.P.(C) 4770/2021 Page 3 of 3