Staff Statements Do Not Conclusively Establish Promotion; ACP Financial Upgradation Is Not Substantive Promotion: Delhi High Court
The Court set aside Director of Education order granting teacher differential arrears as TGT and PGT; remitted the matter for limited verification of salary dues, and declined restitution of Rs 8.36 lakh already released.
Justice Sanjeev Narula, Delhi High Court
The Delhi High Court has held that entries in a school’s staff statements, though relevant contemporaneous evidence that cannot be dismissed merely as erroneous, do not conclusively establish that an employee was appointed or promoted to the post recorded. It set aside an order of the Director of Education that had accepted a teacher’s claim to have been appointed a Trained Graduate Teacher in 1994 and promoted as Post Graduate Teacher in 2006.
The Court held that completion of twelve years of service may entitle an employee to financial upgradation under the Assured Career Progression Scheme, but does not amount to substantive promotion. It remitted the matter to the Director for limited verification of outstanding salary dues and declined to order restitution of Rs 8,36,131 released to the teacher under an interim order, and disposed of the connected contempt petition.
A Bench of Justice Sanjeev Narula observed, “…As returns furnished by the School to the Directorate, these statements constitute relevant contemporaneous evidence and cannot be dismissed merely on the assertion that their entries were erroneous. They do not, however, conclusively establish that she was appointed or promoted to the posts recorded, or the dates of such appointment or promotion. Their evidentiary weight must be assessed alongside the appointment, service and salary records, and the School’s explanation for the conflicting entries”.
“…The pay scale specified in a letter issued in 2006 cannot, without more, establish the post to which she was originally appointed in 1994”, it noted further.
Advocate Kamal Gupta appeared for the petitioner and the respondent-employee appeared in person.
The teacher joined The Pinnacle School on January 6, 1994 and claimed differential salary under the Fourth, Fifth and Sixth Pay Commissions. The School said she was appointed an Assistant Teacher, placed in the TGT grade from April 2003, and never promoted. The School’s staff statement for 2001-02 described her as a TGT, and that for 2006-07 listed her among the PGTs, while other statements called her an Assistant Teacher.
On a petition, the Court on September 16, 2013 directed the Director to determine arrears. An order of April 25, 2014 fixed arrears at Rs 16,72,262, and the School’s challenge was remitted by consent on February 18, 2015. The Director’s order of May 5, 2015 accepted the teacher’s claim, and the School challenged it. The teacher separately sought contempt for non-compliance.
The Court found the Director’s reasoning did not account for contrary entries in later returns. It held that Letter No. 753 of February 7, 2006 described the post only as “Teacher”, so its TGT pay scale could not establish the 1994 appointment. It noted Letter No. 812 of the same date recorded appointment as Assistant Teacher and placement in the TGT scale from April 2003. It found no promotion order or selection record for PGT, that her 2006-07 pay matched the TGT scale, and that her own appraisal reports described her as TGT from April 2003.
The Court allowed the writ petition and directed the School to furnish a due-and-drawn statement within six weeks, with the Director to pass a reasoned order within twelve weeks. Arrears found payable will carry 6 per cent simple interest, and the Rs 8,36,131 already released is to be adjusted with no recovery of any excess. Costs of Rs 50,000 from the contempt proceedings remain payable.
Cause Title: The Managing Committee of The Pinnacle School v. The Director of Education & Anr. (Neutral Citation: 2026:DHC:9497)
Appearances:
Petitioner: Kamal Gupta, Tripti Gupta, Sparsh Aggarwal and Siddharth Arora, Advocates.
Respondent: Bindu Khanna, in person.