Tue. Jan 19th, 2021

Govt Of Nct Of Delhi And Anr. vs Philomina Mary And Anr. on 16 October, 2015

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1. The instant appeal arises from the judgment dated July 03, 2012
passed by the learned Single Judge in a writ petition being W.P.(C)
No.567/1997 filed by Ms.Philomina Mary against the management of
St.John Co-Educational School (in short the School), Khera Khurd, Delhi
and Others seeking regularization of service and back wages with effect
from December 18, 1991.
2. Briefly the facts being Ms.Philomina Mary joined Lourd’s Convent
Girls inter college at Ghaziabad as an Assistant Teacher from July 01, 1968
to May 17, 1973 and in the year 1981 she joined the School as named above
as Assistant Teacher and continued to work there. On December 18, 1991
Ms.Philomina Mary was issued a letter by the School regularising her
services to the post of Assistant Teacher with effect from December 18,

LPA 565/2012 Page 1 of 4
1991 as the post had fallen vacant due to Shri Marcel Kujur, Assistant
Teacher being promoted as Head Master, Primary Department. The letter
dated December 18, 1991 also provided that the payment of salary would be
strictly subject to receipt of grant-in-aid from the Education Department and
in case no grant-in-aid was obtained she will have no claim to the salary. In
response to the letter dated November 26, 1992 sent by the Education
Officer, Directorate of Education, the School informed that Ms.Philomina
Mary was working in the School for the last 15 years against leave vacancy
of different teachers and she has been appointed against a vacant post
created on promotion. It was also noted that Ms.Mary was called for
interview but the Selection Committee found her not qualified as she had no
Science and Maths subjects in her matric examination but the recruitment
rules of the Directorate of a later date gave relaxation to the recommendation
of the Selection Committee if the candidate had passed Higher Secondary
Examination. In the meantime Ms.Mary has done her Higher
Secondary/intermediate exam and thus she stands qualified.

Source: Indian Kanoon

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