Central Administrative Tribunal - Delhi
Hemant Kumar vs Govt. Of Nctd on 27 August, 2019
Central Administrative Tribunal
Principal Bench
OA No.2537/2019
New Delhi, this the 27th day of August, 2019
Hon'ble Mr. Justice L. Narasimha Reddy, Chairman
Hon'ble Mr. Mohd Jamshed, Member (A)
1. Hemant Kumar (Group 'B'),
S/o Sh. Kare Singh,
Aged about 28 Years,
R/o A33/B, Street No. 3,
Main 25 feet Road, Meet Nagar,
Shahdara, Delhi - 110094.
Post- TGT Hindi,
Presently posted at VSKV
Old Seema Puri, Delhi - 110095.
2. Rita Yadav (Group 'B'),
D/o Sh. Hari Ram Yadav,
Aged about 30 years,
R/o 153, Rao Chaturbhuj Marg,
Kapashera, New Delhi - 110097,
Post- TGT Social Science,
Presently posted at GBSSS No. 2, Samalka.
3. Shilpa Tewatia (Group 'B'),
D/o Sh. Vijay Singh Tewatia,
Aged about 35 years,
R/o A-109, Panchchuli Apartment,
Sector - 61, Noida, U.P.,
Post- TGT Hindi,
Presently posted at GGSSS,
New Kondli, Delhi - 110096.
4. Himani Kundu (Group 'B'),
W/o Sh. Amit Kumar,
Aged about 30 years,
R/o F. No. 402, Indraprastha Villa
Sector - 61, Noida, U.P. - 201301,
Post - TGT Natural Science,
Presently posted at GGSSS,
New Kondli, Delhi - 110096.
2
OA 2537/2019
5. Rameshwar Meena (Group 'B')
S/o Sh. Lakhan Lal,
Aged about 30 years,
R/o V/P Bada Bujurg, Teh.- Mahwa,
District-Dausa, Rajasthan-322240,
Post-TGT Social Science,
Presently posted at GBSSS, Tigri,
Dr. Ambedkar Nagar, District - DDE (South).
6. Satish Kumar Meena (Group -'B'),
S/o Sh. Ramswaroop Meena
Aged about 29 years,
R/o H. No. F-177, Utsav Apartment,
Sector - 18, Rohini, Delhi - 110089,
Post - TGT Hindi,
Presently posted at GBSSS, Daulatpur,
North West- A.
7. Trishma Kumari (Group 'B'),
D/o Sh. Ramprasad Jaiswal,
Aged about 28 years,
R/o MM67, DLF Ankur Vihar, Loni,
Ghaziabad, U.P.- 201102,
Post-TGT Sanskrit,
Presently posted at GGSSS Khajoori Khas,
DDE, North East Delhi Under SSA, Delhi.
8. Swati Dixit (Group 'B')
D/o Sh. R. P. Dixit,
Aged about 33 years,
R/o Q-73, Sector - 12, Noida (U.P.)
Post- TGT English,
Presently posted at GGSS, New Kondli,
New Delhi - 1100966.
...Applicants
(By Advocate : Shri Nilansh Gaur)
Versus
1. Government of National Capital
Territory of Delhi,
Through its Chief Secretary,
Delhi Secretariat,
3
OA 2537/2019
Players Building,
ITO, New Delhi - 110002.
2. The Secretary,
Department of School Education & Literacy,
Ministry of Human Resources & Development,
Shastri Bhawan,
New Delhi - 110001.
3. The Secretary,
Education Department,
Old Secretariat, Near Vidhan Sabha,
Civil Lines, Delhi - 110054.
4. The State Project Director,
Officer of the U.E.E. Mission,
Department of Education,
Distt. - North Lucknow Road,
Delhi - 110054.
...Respondents
ORDER (ORAL)
Justice L. Narasimha Reddy, Chairman :-
The applicants were engaged as Teachers on contract basis under the Sarva Shiksha Abhiyan Scheme. Their appointment is for a period of 10 months, and fresh orders of appointment are to be issued for succeeding years.
2. The applicants have been making representations to the respondents, with a request to pay them the salary for the entire period of 12 months in a year. The issue has been dealt with by the Director of the Department of Education, Govt. of NCT of Delhi 4 OA 2537/2019 on 29.04.2019. It was mentioned that the appointment is invariably for a period of 10 months, and the emoluments to be paid to the employees are shared by the Central and State Governments in the ratio of 60:40. It was also mentioned that the plea of the applicants, that the Teachers of this nature engaged in other States are paid higher salary, is not established.
3. This O.A. is filed with a prayer to direct the respondents to pay salary for 12 months with arrears and interest thereon, retrospectively, and to further direct the respondents to fix the pay, on par with regularly appointed teachers, with all consequential benefits.
4. We heard, Mr. Nilansh Gaur, learned counsel for the applicants, at length at the stage of admission itself.
5. The applicants were engaged as Teachers on contract basis for the period mentioned in the respective orders. A typical order and the conditions incorporated therein, read as under:-
"DEPARTMENT OF EDUCATION District: North East Government of NCT of Delhi (AGREEMENT) Mr./Ms. Hemant Kumar (Registration ID: 20142003679, Engagement ID: EN201511515) is hereby engaged to the post of TGT HINDI in Yamuna Vihar, Block B, No. 2-SBV-1104003 on contractual basis in the District from 13/07/2015 to 31/03/2016 on the following terms and conditions:5 OA 2537/2019
1. The contract is being entered into purely to meet the temporary, short term requirement of the District arising as a result of the implementation of RtE-SSA Programme to maintain PTR as per RtE maintain.
2. The Term of the engagement shall be for a period from 13/07/2015.
3. Mr./Ms. Hemant Kumar (Registration ID: 20142003679, Engagement ID: EN201511515) is posted in Yamuna Vihar, Block B, No. 2-SBV-1104003.
4. That a consolidated remuneration is Rs. 27800/- (Twenty Seven Thousands Eight Hundreds Only) per month. No others benefits, allowances, perks etc shall be paid over and above the said consolidated remuneration.
5. The appointment is purely of contractual in nature and will not confer upon her/him any right whatsoever for regular appointment or placement in any other Deptt. under the Govt. of NCT of Delhi.
6. The person shall not be entitled to any benefit or perk to which the regular employees of the District are entitled.
7. That the post offered to him/her is non-pensionable and no other benefits are payable/available to him/her for the period of service rendered in the District."
6. From this, it becomes clear that the engagement was for a particular period, that too on contractual basis; and the remuneration was also consolidated. It was reiterated that the engagement, which is purely contractual in nature, will not confer any right upon them to seek regular appointment.
7. Since the appointments are under a Scheme, they were not being discontinued during summer vacation. The respondents were engaging the applicants for the subsequent years also. In case, the applicants were not agreeable, it was open to them to decline the offer. There are many qualified candidates, who are waiting for the engagement. Having accepted the appointment with those terms, 6 OA 2537/2019 the applicants cannot turn around and find fault with the respondents.
8. In all fairness the Director, gave a detailed reply indicating the purport of the Scheme, the amount of salary being paid to the applicants and other conditions. The applicants virtually have been cornering the respondents by filing repeated queries under the Right to Information Act, 2005 and even by using objectionable words against them. Reply dated 24.04.2019 reads as under:
Grievance Status * Enter Grievance Number 2019035247 Mobile No. 8387903623 OR E-Mail ID.
Submit Grievance No Date of 29/03/2019 Grievance 2019035247 Complainant Satish Contact Nos. (LandLine),8387903623(Mobile) Name Category Online Entry by Citizen ::
Complainant Utsav Appartment Rohini Sector 18 Delhi Address E-Mail ID Grievance Respected Sir, Kindly solve our issue vide given attachment provide by me Details Regards Satish SSA Teacher (Contract) Grievance Site State Project Director Lucknow road Delhi Education Secretary Old Secretariat Address Delhi Education Director Old Secretariat Delhi S.No. Department Locality Action Taken Status Contact Citizen Details Feedback 1 EDUCATION CIVIL 29/04/2019 Disposed Smt. Ranjana LINES Deshwal, SPL. -- :: -- :
The Subject Specific DE
Teachers(TGTs) and Primary
Teachers(PRTs) are engaged Additional
under Samagra Shiksha on Director of
contract basis(in DoE and MCD Education
schools) w.e.f. 01.04.19 to 23810361
10.05.2019 (beginning of spd_delhi@redif
summer break) and further fmail.com
from 15.05.2019 to 06.06.2019 for those who would be engaged in Mission Buniyad. As a corollary, it may kindly be 7 OA 2537/2019 deduced that the period of summer vacation are not taken into reckoning for the purpose of drawal of salary for the said SSA teachers. It is only for the teachers who would be engaged in Mission Buniyad that they would be engaged for the period 15.05.2019 to 06.06.2019. Hence the teachers who are covered under the second category would entail the drawal of their salary for 12 months whereas the first category would get their salary for 10 months only.
The contract can always be extended if need arise. During summer vacations, there is requirement of teachers for Mission Buniyad in DoE schools, hence, their service will be utilized in that period as communicated vide Order, dated 28-03-2019.This is on the basis of the settled principle by which the subject specific teachers and primary teachers were initially appointed for a period of 10 months in a academic year.
While submitting the annual work plan and the PAB for the relevant year, the proposal envisage the projections for 12 months but the payments are invariably released for a period of 10 months based upon the internal approvals so obtained for release of salary.
Incidentally, the placement of funds at the disposal of Samagra Shiksha, Delhi and the internal approvals for release of payments of salary are two distinct entities and therefore required to be dealt with separately on merits.
Accordingly, the contention of the complainant that they would be paid salary for the entire period of 12 months do not hold good. The other contentions of the complainant relate to getting lesser pay than their counterparts in other states and no increase in their salaries last year. It is stated that none of the complainant has substantiated the said point of view by which it could be proved that other states are paying more salary than GNCTD. Further, it is reiterated that we are paying salary to the engaged teachers @Rs.
38100/- and Rs. 35420/- to TGTs and PRTs respectively and the liability of the Govt. of India for the said account is for Rs. 20000/- and Rs. 15000/-
which is further split into the ratio of 60:40(60% representing Central share and 8 OA 2537/2019 40% representing State share). The salaries released by MHRD are much lower than what they are getting at present. There was no hike in their salaries as MHRD had approved much lower funds for contract teachers in 2018-19 and are already getting much higher salaries than the approved grant of MHRD. As stated above, the salaries of the contract teachers are funded by MHRD and therefore, what ever funds are released by MHRD, this office is bound to pay them the same salaries to them. But, this office is already paying the salaries much higher than what MHRD has approved.
Accordingly, the grievance has no merit and accordingly the complainant be informed by showing our regrets.
2 EDUCATION CIVIL Forwarded SH. BINAY
LINES BHUSHAN, -- :: -- :
-- DIRECTOR
DIRECTOR
(EDUCATION)
23890172
[email protected]
9. From a perusal of this, it becomes clear that the applicants were extended everything, which is permissible under the Scheme.
They cannot claim parity with the regularly appointed Teachers.
10. We do not find any merit in the O.A. The same is accordingly dismissed. There shall be no order as to costs.
(Mohd. Jamshed) (Justice L. Narasimha Reddy) Member (A) Chairman 'Ankit'