UMESH KUMAR TIWARI Vs. M C D
HIGH COURT OF DELHI
UMESH KUMAR TIWARI
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HIMA KOHLI, J. -
(1.) The petitioner has approached this court by way of the present writ petition and sought directions to the respondents to regularize the petitioner in the post of Assistant Teacher (Primary), MCD with effect from 23rd August, 2004, with full benefits of pay and seniority. He has also sought grant of pay scale of Rs.4500-7000/- with effect from 23rd August, 2004, for the period he has worked with the respondent No.3, or in the alternative, directions to the respondents to grant benefit of age relaxation to the petitioner for the period he has worked in the MCD as a teacher, i.e. with effect from 23rd August, 2004 and to publish the result of the petitioner and to grant him appointment to the post of Assistant Teacher (Primary) MCD if otherwise found eligible in the recruitment process initiated under advertisement No.10/2005 published by the Respondent MCD in January 2005.
(2.) The undisputed facts of the case are that on 23.8.2004, the petitioner was appointed as a teacher in the MCD on a contract basis, in the consolidated pay of Rs.5,000/-, for teaching in primary schools of the MCD for a period of six months or till the select list was received from respondent No.3/DSSSB, whichever was earlier. At the time of appointment, the age of the petitioner was 31 years 8 months. The contract of the petitioner was renewed from time to time and was valid till 24th December, 2005. In January, 2005, the respondents issued an advertisement bearing No.10/2005 in the newspapers calling for applications for appointment to 1813 posts of Assistant Teacher (Primary) MCD. The relevant clauses of the said advertisement are reproduced hereinbelow: 0347. Assistant Teacher (Primary) 1813-[UR-990, SC-294, OBC-529, including ExS- 208, PH(O)-31, LV-32]
Essential: (A) (i) Higher Secondary pass of a recognised Board/University with an elective subject in the required language at the Matric level. (ii) 2 years Teacher's Training certificate from a recognised institution. OR (B) (i) Intermediate or equivalent from a recognised Board/University with an elective subject in the required language at the Matric level. (ii) One year Teacher's Training certificate from a recognised Institution. Note: (a) Required language is Hindi at Matric or higher level. (b) Candidates possessing B.EI.Ed. Degree are eligible. Pay scale: 4500-7000, Age: 32 years for Male and 42 years for Female.
Age relaxation: Candidates belonging to SC are eligible for age relaxation for 5 years and candidates belonging to OBC for 3 years. Candidates belonging to categories such as Ex.-Servicemen, Govt.Servants, PH/Widow etc. are eligible for age relaxation as per the orders of the Govt.of India in force. Applicants claiming age relaxation should enclose the necessary documents in support of such claim.
(3.) The petitioner responded to the said advertisement and applied for appointment to the post of Assistant Teacher (Primary), MCD. In the said application, the petitioner claimed age relaxation on the ground that he was employed with the MCD since 23rd August, 2004 and at the time of his initial appointment, he was less than 34 years of age.;
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