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The applicant joined Bhai Joga Singh Khalsa Girls Senior Secondary School, New Delhi (hereafter referred as the Khalsa School) on 26.10.1990 against the permanent post of Drawing Teacher, also designated as Trained Graduate Teacher (Drawing), in the pre-revised pay scale of Rs.1400-2600/- and was placed on probation for a period of one year. The school is an aided school of Government of National Capital Territory of Delhi (GNCTD) and the GNCTD meets 95% of the expenditure of the school as grant-in-aid. The respondents could appoint teachers only with the prior approval of the education department of the GNCTD. Vide letter dated 19.09.1994, the applicant was offered the post of TGT (Drawing) in the pre-revised pay scale of Rs.1400-2600/- under the GNCTD. She was relieved of her duties in the Khalsa School on 24.09.1994 and joined as TGT (Drawing) under the GNCTD. 25.09.1994 being a Sunday, she joined on her new post on 26.09.1994 i.e. there was a break of one day. Vide order number 956 dated 20.11.2001, with the approval of the Honble Lt. Governor of Delhi, she was given the benefit of service rendered by her in the Khalsa School in the matter of fixation of pay and vide order number 990 dated 22.02.2000, the respondents granted sanction for counting of past service rendered by the applicant in the Khalsa School during the period 26.10.1990 to 24.09.1994 for pensionary benefits. The break of one day of 25.9.1994 was also condoned by the respondents vide order No.2022 dated 22.5.2000. If her past service from 26.10.1990 to 24.09.1994 has to be counted, she becomes entitled for first financial upgradation under the ACP Scheme with effect from 26.10.2002. The respondents also granted her the first financial upgradation from 26.10.2002 vide order dated 3.03.2009. Thereafter, the MACP Scheme was introduced and the provision of three financial upgradations after 10, 20 and 30 years of continuous regular service was made. The MACP Scheme became effective from May, 2009. As per the applicant, she became entitled to the second financial upgradation under the MACP Scheme i.e. on completion of 20 years of service, with effect from 26.10.2010. Meanwhile, the respondents issued impugned circular dated 29.04.2010 conveying that service rendered by any teacher/ official in any aided school before absorption in the GNCTD shall not be counted for the purpose of financial upgradation under the ACP Scheme and the MACP Schemes. When the applicant requested for second financial upgradation based on the MACP Scheme, instead of granting the second financial upgradation, the respondents shifted the first financial upgradation date from 26.10.2002 to 26.09.2006. Vide order dated 20.04.2012 her claim for counting of past service in Khalsa School for ACP/MACP was also rejected. This is the reason why this OA has been filed with the prayer to declare that circular dated 29.04.2010 cannot be retrospective in operation and thus is not applicable in the facts and circumstances of the case and, therefore, should be quashed and set aside. The other prayer made is to set aside and quash impugned orders dated 30.01.2012 and 20.04.2012 with all consequential benefits and lastly, direction is sought to be given to the respondents to grant second financial upgradation to the applicant with effect from 26.10.2010.

5. It is also argued on behalf of the applicant that under the MACP Scheme OM dated 19.05.2009, regular service commences from the date of joining of a post in direct entry grade on regular basis either on direct recruitment basis or on absorption/ re-employment basis. However, past regular service in another government department in a post carrying same grade pay prior to regular appointment in a new department, without a break, is also to be counted towards regular qualifying service for the purposes of MACP Scheme only (and not for regular promotions). It is thus argued that because of this provision, the applicant became entitled to the second financial upgradation under the MACP with effect from 26.10.2010.

10. Past service rendered by a Government rendered by a Government employee in a State Government/statutory body/Autonomous body/Public Sector organization, before appointment in the Government shall not be counted towards Regular Service. The respondents argue that given the provision that past service rendered by an employee other than in government service is not to be counted as regular service both for benefits under ACP Scheme and MACP Scheme, the claim of the applicant is not justified.

8. The applicants counter to the argument of the respondents is that her service in question having been counted for fixation of pay and pensionary benefits and break of one day service also having been regularized, her service for the period 26.10.1990 to 24.09.1994 has to be counted for ACP and MACP benefits.

9. We have examined the provisions of ACP and MACP Schemes. Instructions contained therein clearly narrate that past service not rendered in government shall not be counted as regular service for the purpose of working out 12/24 years service for ACP and 10/20/30 years of service for MACP benefits. The next question to be answered is whether employment with Khalsa School is to be treated as regular government service. It is one thing to give pensionary benefits for that period or protection of pay but that does not automatically entitle the applicant to all benefits at par with regular government servants. ACP and MACP are specific Schemes stipulating specific conditions in order to get benefits under the said Schemes. In a similar case of GNCT of Delhi & Ors Vs. Rati Ram & Ors (WP (C) 6959/2011), the Honble High Court of Delhi passed an order disallowing the petition, in which the petitioners had claimed inclusion of their service prior to takeover of the management of their school by the government on September 12, 1996. The Court held as follows: