Wed. Nov 25th, 2020

Indu Munshi And Ors. vs Uoi And Ors. on 23 May, 2018

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(Excerpt from “The Garden of Solitude” by Siddhartha Gigoo (2011,
Rupa Publications)

1. “Homeland is something one becomes aware of only through its loss” said
Gunther Grass. It is the loss of homeland of the writ petitioners, a batch of whom are in
appeal, which led them to Delhi, during 1990-93 and their consequent employment as
teachers by the Govt of NCT for over two decades on contractual basis, without
prescribed salaries or any terminal benefits, that constrained them to approach this court.
The appellants (hereafter called “the appellant-teachers” or “teachers” variously), in one
appeal (LPA 286/2015) and Government of NCT of Delhi (hereafter “NCT” appellant in
LPA 620/2015) have preferred these appeals. The NCT’s appeal questions the decision of
a learned single judge allowing W.P. (C) No. 3989/2010 and directing it to give the
benefits and extend terms and conditions given to regular teachers, falling in the same
category to the writ petitioner/respondents, as also to create the necessary posts and
regularize them. The first respondent in that appeal, is a society registered under the
Societies Registration Act formed for the welfare of the migrant teachers from Kashmir
and who are working in different parts of Delhi and surrounding areas; the other
respondents (198) are the internally displaced persons from the valley of Kashmir and had
sought refuge in the NCT of Delhi, who were contractually employed as teachers by
NCT. The second appeal is by similarly situated teachers, who were denied that relief in
the judgment of another decision, of another learned single judge (in W.P. (C)
2574/2010). The facts are common; however all the relevant documents, government
orders, circulars etc are found in the NCT’s appeal and are adverted to for same of

LPA 286/2015 & LPA 620/2015 Page 2 of 55
convenience, since at the time of hearing, parties had addressed their contentions based
on those documents and pleadings.

Source: Indian Kanoon

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