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PETITIONER: DELHI ADMINISTRATION (NOW GOVT. OF N.C.T. DELHI) THROUGH THE

       Vs.

RESPONDENT: NAND LAL PANT & ANR.

DATE OF JUDGMENT:       07/07/1997

BENCH: K. RAMASWAMY, D.P.WADHWA.

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.  We have  heard learned  counsel on both sides.      Nand Lal  Pant, the  first respondent  was appointed to the post  of Trained  Graduate Teacher on September 28, 1974 in the  pay scale  of Rs.250-550/-. He was confirmed in that post. The  post of  Post Graduate  Teacher  (Sanskrit)  fell vacant after  retirement of one S.N. Sastri. Since the first respondent had  the qualification  of Sanskrit, he was asked to  officiate   in  the  said  post  of  Graduation  Teacher (Sanskrit). He  made representations  from time  to time for his promotion to the said post. Since it was rejected on the ground that there was no channel of promotion from the cadre of TGT to the cadre of PGT, Sanskrit. Consequently, he filed Writ Petition  No.3794/93 in  the High Court. The Delhi High Court by  the impugned  judgment dated July 31, 1996 allowed the writ petition and directed the Government to promote him w.e f.  1986 with  all consequential  benefits.  Thus,  this appeal by special leave.      It is  now for the first time that stand has been taken by the  Petitioner (respondent  in  the  writ  petition)  by letter dated  December 22, 1992 the School was informed that the Deputy  Director  (East)  was  "pleased  to  accord  the clearance for P.G.T. (Sanskrit) reserved for Scheduled Caste candidateds". Pursuant  to that  it would  appear  that  one Rajbir Singh  belonging to  Secheduled Castes  was appointed w.e.f. September  30, 1993  and eversince  he was working in the said  post. As  per the  recruitment Rules,  there is no direct channel  of  promotion  from  TGT  (General)  to  PGT (Sanskrit). As  a consequence,  the first  respondent as  of right is  not entitled  to the  promotion as PGT (Sanskrit), that too  in a post reserved for Scheduled Castes. But since the first  respondent has  been working  since 1986  in  PGT (Sanskrit) from  June, 1986  when the  post fell vacant, the facts and  circumstances, we  think that the appellants have to be  directed  to  create  a  supernumerary  post  of  PGT (Sanskrit) and  allow the  first respondent  to continue  in that post  till he  retires. That  post may be be created in any school  or directorate  as the  case may be. He would be entitled to the scale of pay of PGT (Sanskrit) from the date

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of the creation of the post. This direction to adjust him by creation of  supernumerary post  and  to  permit  the  first respondent to continue in that post should not be treated as a precedent  in any  other case.  No one is entitled to jump the regular  channel merely on the basis of by qualification acquired or the basis of having officiated in a higher post.      The appeal is accordingly disposed of. No costs.