Daya Chand Yadav vs Municipal Corporation of Delhi and others

Vikramajit Sen, J.—The issue that a teacher or an employee of an educational institution which has been taken over by the Municipality is entitled to calculation of seniority from the date of initial appointment and not from the date on which the School was municipalized is no longer rest integra. Very recently, by a judgment dated August 21, 2001 in C.W.P. No. 4428/2000 entitled Dhan Singh v. Municipal Corporation of Delhi and others, Hon''ble Dr. Mukundakam Sharma, J., after considering all the previous decisions on the issue, had quashed the Respondents decision to calculate the seniority from the date of takeover. I am in respectful agreement with these views. It appears that the writ petitioners before Hon''ble Dr. Mukundakam Sharma, J. also belonged to the same School as the Petitioner herein. The present petition is on all fours with Dhan Singh''s case (supra). Accordingly the petition is allowed and the action of the Respondents in denying promotion to the Petitioner on the grounds that seniority will be calculated from the date of the takeover/municipalisation is quashed. The Respondents are directed to calculate the seniority of the Petitioner with effect from the date of his initial appointment, that is, 5.12.1967 and grant him all the consequential reliefs.

The petition is disposed off in the above terms.