In a recent ruling by the Delhi High Court, a judgment was passed on the promotion dispute between DDE (Z-19) and KESSS. The case involves a conflict regarding the promotion of an employee to the post of PGT (Hindi). This summary delves into the details of the court’s decision and its implications for the parties involved. Stay informed about the latest developments in this legal battle.
Facts
- The petition seeks to quash certain letters issued by DDE (Z-19) and the Manager of KESSS.
- Additionally, the petition seeks a writ of Mandamus to grant the petitioner promotion to PGT (Hindi) from the due date.
- The due date for the promotion is specified as either 20.04.2013 or 02.01.2024.
- The petitioner is requesting all consequential benefits to be provided with the promotion.
- Petitioner joined Kerala Education Society School in February 1991 as Hindi Teacher in an Honorary capacity.
- In July 2001, the petitioner was appointed as an Assistant Teacher in respondent nos. 1 and 2 on a regular basis.
- The petitioner was promoted on 18.01.2016.
- DPC conducted on 20.04.2013 for promotion as PGT (Hindi) was deferred without reason.
- Following a DPC held on 22.01.2008, the petitioner was promoted as TGT (Hindi).
- During a DPC on 02.01.2014, the petitioner was not recommended due to the qualification of Teacher Training not being equivalent to M.Ed. degree.
Arguments
- The petitioner’s qualification as ‘Hindi Shikshan Nishnat’ obtained on 06.10.1989 is being contested as equivalent to the M.Ed. degree required for the post of PGT (Hindi)
- The delay in the petitioner’s appointment and the denial of benefits is attributed to the inaction of the administration
- A DPC held on 16 January 2016 unanimously recommended the petitioner’s promotion to the post of PGT (Hindi)
- The petitioner has been requesting the restoration of her seniority from the date of the first DPC in 2013
- The School Management has expressed no objection to restoring the natural seniority of the petitioner in the PGT (Hindi) grade
Analysis
- The Director of Education exercised powers to relax educational qualifications for DPC for PGT (Hindi).
- The recognition of qualifications from Kendriya Hindi Shikshan Mandal is limited to teaching Hindi.
- No contradictory documents were presented to dispute the recognition of qualifications.
- A letter from 04.01.2016 mentioned consideration for promotion according to rules.
- Qualifications from Kendriya Hindi Shikshan Mandal were equivalent to Indian university degrees.
- Petitioner was found fully qualified for promotion based on records and notifications.
- She was holding a qualification equivalent to M.Ed. degree as recognized by DoE since 1989.
- The denial of promotion was contrary to records and rules.
- Juniors from other streams were promoted despite petitioner’s qualification.
- Degrees from Kendriya Hindi Shikshan Mandal are recognized for employment by Delhi Administration.
- Promotion can’t be denied to an employee due to administration’s mistake
- Authorities are obligated to pay arrears of salary upon retrospective promotion
- Delays by authorities in result declaration can’t be used to deny promotion
- Court directed appointing authorities to consider employees for promotion from date of immediate juniors’ appointment
- All consequential benefits and arrears of pay to be granted to employees in such cases
- The petitioner has limited her relief to MACP benefits only
- No specific orders are being passed for consequential financial benefits
- The judgment focuses on the restricted relief sought by the petitioner
Decision
- If the petitioner is found entitled to any benefit not restricted in the judgment, it should be granted to her within six weeks.
- The petitioner should be considered as having been promoted under the DPC held on 02.01.2014 on a notional basis.
- Service records should be rectified within four weeks.
Case Title: SATHY B KUMAR Vs. KERALA EDUCATION SOCIETY SENIOR SECONDARY SCHOOL THROUGH CHAIRMAN AND ORS (2024:DHC:3948)
Case Number: W.P.(C)-14041/2021
