A S TIWARI Vs. DELHI ADMINISTRATION
HIGH COURT OF DELHI
Referred Judgements :-
DYSON V. A. G.
INLAND REVENUE COMMR. VS. NATIONAL FEDERATION OF SELF EMPLOYED AND SMALL BUSINESS LTD.
CHIEF CONSTABLE V. EVANS
GOKULCHAND DWARKADAS MORARKA VS. KING
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AVADH BEHARI ROHATGI -
(1.)This is a tale of two teachers. They are physical instructors in a school. They are drill masters of the good old days. But better qualified and better paid now. Physical education has acquired a new importance in our modern system of education. The State has realised that children should be strong and healthy. "A sound mind in a sound body" is the maxim that is followed now. The facts :
(2.)These two writ petitions are filed by two physical education teachers who are working in Birla Higher Secondary School now known as Birla Senior Secondary School in old Sabzi Mandi, Delhi. This is a Government recognised and aided school. A. S. Tiwari, petitioner in C.W.P. No. 211 of 1977, joined the school on 15-7-51. Om Prakash Verma, petitioner in C.W.P. No. 162 of 1981. joined the school on 15-7-1953. Though Tiwari was appointed earlier the qualifications of these two teachers are different. Tiwari at the time of appointed was a matriculate holding a certificate in physical education. In 1974 he passed the internmediate examination. So far as Verma is concerned he was an intermediate holding a certificate in physical education at the time of his appointment. His qualification however has remained the same.
(3.)Both were appointed as junior physical education teachers in the school in the scale of Rs. 68-4-120-EB-7-170. Verma, it appears, was dissatisfied with his lot. He requested the education department of Delhi Administration to give him the pay scale admissible to intermediate with certificates in physical education. He claimed the revised pay scale of Rs. 110-5- 150-8-190-EB-10-250. By letter dated 15-9-1975 Verma's request was allowed by the Director of Education. He was informed that from the date of his appointment, i.e. 15-7-1953, his pay is fixed in the scale of 100-250 but the payment of arrears shall be restricted to three years.
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