Torch bearer (Educational & Financial Consultant) 12 November 2016

Service matter

regardng service matter againt public school in delhi, should I approach to any tribunal or to High court, please advice.

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18 Replies

adv.bharat @ PUNE (Lawyer) 12 November 2016

Please state the full fact of the case.

Sudhir Kumar, Advocate (Advocate) 14 November 2016

Facts please. No riddles

Torch bearer (Educational & Financial Consultant) 14 November 2016

Its earlier was the case of wrong grade fixation by changing the designation after v pay commission, non paynent of gratuity, adjustment of earned leave encashment against undue notice period. With the intervention of Deptt of edu. &CBSE school paid some dues but based on erraneous calculations, as the late payment interest as applicable nit given at all, service period for gratuity period is taken less, bt refixiing the designation and grade reduced rhe enritlement of earned leave from 30 to 10 leave per annum and deducted amount against sanctioned leaves taken as per previous entitlement in the peeuod if 9 years.....

Sudhir Kumar, Advocate (Advocate) 14 November 2016

not able to convey your problem.

Kumar Doab (FIN) 14 November 2016

What was your designation and nature of duties?

What is the opinion of your counsel/

Torch bearer (Educational & Financial Consultant) 15 November 2016

Appointment as Assistant Teacher which was changed to UDC after V pay commission. Nature of duties mix of academic administration. Same type of appointment and nature of profile was given previously to one more employee but she was given the grade as per assistant teacher followed by promotion as TGT while she was handling duties of receptionist. But in my case it was contrary.

Kumar Doab (FIN) 17 November 2016

"changed to UDC"

It is believed UDC is : Upper Div.Clerk.

By nature of duties it might be covered by the def. of 'Workman' as in ID Act, 'Employee' as in Delhi Shops & Estbs Act ( if the establishment is covered by Act).

Thus you may be able to approach; under both enactments, as suitabel to you.

A very able counsel specializing in labor/service matters can guide you further.

Sudhir Kumar, Advocate (Advocate) 17 November 2016

Not able to convey any problem worth understanding. thanks telegraphic descripttiopn even nature of employer is hidden.

Torch bearer (Educational & Financial Consultant) 17 November 2016

School is regulated by Delhi School Education Act and Rules (DSEAR); affiliated by CBSE Just wish to know which is the appropriate judicial platform to approach for speedy process , can it be Delhi administrative tribunal or High Court? Plz advise.

Sudhir Kumar, Advocate (Advocate) 18 November 2016

It appears that old vacnacy of teacher doe snot exist and a vacancy has been creted in clerical cadre who will also do teaching.

Is this the case?

Kumar Doab (FIN) 18 November 2016

Your last queryb has ben addressed in previous post.

Your own counsel specializing in labor/service matters can advise you after examining your duties on record.

In the meantime you may go thru CCBSE Affliiation Bue laws, and DSEAR.

Samarpan (M)99958670740 (Free legal advice and legal aid cell) 19 November 2016

You are UDC. Hence, you can approach the Delhi School Tribunal or being a workman you can also approach the Labour Court through a reference by Labour Department or under Section 33 C(2) of Industrial Disputes Act, 1947. But approach the Labour Court, you may face certain technical problems like non-espousal of your case by a trade union. So my suggestion is approach the Delhi School Tribunal. You cannot approach directly High Court for the reason that so long as there is alternative remedy, HC will not entertain your petition under writ jurisdiction. But this facility of approaching the HC is available to teachers TGT, PGT and not UDCs. So, approach the School tribunal. For any further free advise and aid, you can approach us by taking prior appointment on the mobile number given above. Our Legal Aid centre is at F-29, Shankar Market, Connaught Place, New Delhi-110 001.

Torch bearer (Educational & Financial Consultant) 19 November 2016

Thanks a lot Samarpan Sir, would call to take an appointment and discuss further. My representation shall be as Assistant teacher not as UDC because as per appointment I was Assistant teacher and with the intervention of Deptt of education, school unwillingly but refixed the grade and calculated the difference of pay. Now the conflict is of tenure of services for calculation of gratuity, payment of interest on late payment of all dues including Gratuity, cancellation of sanctioned Earned leaves taken but not giving the benefits of vacations entitled to teachers, deductions against undue notice period ....