K C GUPTA Vs. LT GOVERNOR OF DELHI
LAWS(SC)-1994-8-48
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on August 16,1994

K C GUPTA Appellant
VERSUS
LT GOVERNOR OF DELHI Respondents


Cited Judgements :-

VENHNUAITHANGA VS. STATE OF MIZORAM [LAWS(GAU)-1999-10-2] [REFERRED TO]
G PHALGUNA RAO VS. VIJAYA VISAKHA DIST COOP MILK PRODUCERS UNION LTD [LAWS(APH)-1996-11-58] [DISTINGUISHED]
S. SIVAGURU VS. S. SIVAGURU [LAWS(SC)-2013-5-23] [REFERRED TO]
S SIVAGURU VS. STATE OF TAMIL NADU [LAWS(SC)-2013-5-83] [REFERRED TO]
TAPAN KUMAR DAS & ANR. VS. STATE OF ASSAM & ORS. [LAWS(GAU)-2013-3-26] [REFERRED TO]
SAROJ KUMAR NAYAK VS. TRIBAL COOPERATIVE MARKETING DEVELOPMENT FEDERATION ON INDIA LIMITED [LAWS(DLH)-2021-6-13] [REFERRED TO]


JUDGEMENT

- (1.)Both the appeals are being disposed of by a common judgment as they arise out of the same judgment passed by the Delhi High court in LPA No. 204 of 1981 decided on 27/5/1983 along with Writ Petition No. 503 of 1974 and Writ Petition (C) No. 1450 of 1981. In both the appeals the question raised is with regard to the seniority and promotion of various categories of teachers presently serving in the Delhi Administration but some of whom were previously employed as teachers in Middle and Higher Secondary Schools which were being run by the Municipal Corporation of Delhi.
(2.)A brief resume of the facts giving rise to these two appeals may be stated thus. Prior to 1/7/1970 Postgraduate Teachers (in short PGT) in the pay scale of Rs. 275-550 and Trained Graduate Teachers (in short TGT) in the pay scale of Rs. 190-425 were employed in the Higher Secondary Schools run by the government. Besides these government Higher Secondary Schools, Municipal Corporation of Delhi also used to run several Middle and Higher Secondary Schools with the categories of teachers as follows:
(3.)Since the Municipal Corporation of Delhi was not inclined to continue to run the schools, Delhi Administration came forward with a proposal to take over the Middle and Higher Secondary Schools run by the Corporation on the terms and conditions mentioned in the letter dated 20/4/1970 sent by the Additional secretary, Delhi Administration to the Commissioner, Delhi Municipal Corporation staling that the acceptance of the terms and conditions by the Municipal Corporation and that of the staff to be absorbed by the Delhiadministration be communicated to the Delhi Administration so that the transfer of the schools run by the Municipal Corporation may take place with effect from 1/5/1970. Consequently, in response to the said letter of the Additional secretary, Delhi Administration, the Municipal Corporation, Delhi passed a resolution on 12/5/1970 to close down the Higher Secondary and Middle Schools run by the Corporation on transfer of the staff employed in the said schools to the Delhi Administration with effect from 1/5/1970 accepting the terms and conditions embodied in the letter of the Delhi Administration dated 20/4/1970 referred to above. All the employees of the Corporation who were to be absorbed by Delhi Administration also accepted the terms and conditions of the service for absorption. For some reasons take over of the Municipal Schools could not be effected on 1/5/1970 as per resolution of the Municipal Corporation and the schools could be taken over only on 1/7/1970. The Lt. governor, Delhi, with the prior sanction of the President of India issued a notification dated 27/5/1970 for general information that the decision has been taken to take over the Middle (Classes VI and VIII) and Higher Secondary (Classes VI and XI) Schools from the Municipal Corporation, Delhi with effect from 1/7/1970. In pursuance of the resolution of the Municipal Corporation and the notification of the Lt. governor the services of all the teachers serving in the schools run by the Municipal Corporation were transferred to Delhi Administration on the terms and conditions contained in the letter dated 20/04/1970.
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