Just taken photo by Adv Ashok Agarwal on Pusa Road, Karol Bagh, New Delhi. Photo depicts that even DTC Bus on school duty is not following Supreme Court Guidelines. Railings on the bus windows are totally inadequate and students are at risk.
Advocate Ashok Agarwal
Delhi High Court (Justice Valmiki J Mehta) has today issued notices to Rukmini Devi Public School and Director of Education on a petition filed by a teacher Deepika Jain through Advocate Ashok Agarwal claiming arrears of salary for the period from 01.01.2006 to 11.10.2007 arising out 6th pay commission recommendations. Ms. Deepika joined as PGT Chemistry in the school on 23.07.2001 and left the school after giving her resignation on 11.10.2007. However, she was not given the arrears of salary for 21 months due to her on account of 6th pay commission despite her repeated requests.
“The school has taken an illegal stand that it has not paid arrears of salary to Ms. Deepika Jain as it had no funds on account of non-recovery of fees from the students. The recent Delhi High Court judgment has held that non-recovery of fees from the students cannot be a legal ground to deny to an employee of an unaided private school pay and arrears of salary arising from the pay commission recommendations,” submitted Mr. Agarwal.
The High Court has sought reply from the school and DOE by 04.04.2013 when the case will come up for hearing.
Ashok Agarwal, Advocate
Both Delhi Government and the private schools are making fool of the aam admi in the matter of nursery admissions in private schools in 75% paid seats. Delhi Government has issued nursery admission guidelines on 15.12.2010 permitting the private schools to make their own admission criteria which is without any authority to law and also contrary to the provisions of RTE Act, 2009. The private schools are only taking advantage of these illegal and unauthorized guidelines dated 15.12.2010. These guidelines have given leverage to the private schools to continue with the dynasty rule of providing admission to the children of KAAS ADMI against those of AAM ADMI. Such an arbitrary and discriminatory criteria would deprive majority of children of their right to equal participation in the admission process. Parents must understand that unless we have a just system in place, their exploitation would continue. Therefore, we all must demand a just system in place.
Kumari Neha has filed a petition through Advocate Ashok Agarwal in Delhi High Court questioning inaction on the part of the Government Sarvodya Girls Senior School, Kera Kurd to grant admission to her in Class XI in the academic year 2012-13 and also allow her to attend classes as she has passed Class X from the same school in the academic year 2011-12.
The petition states that Neha could not get admission in class XI as she suffered from Jaundice, typhoid and anemia and remained under medical treatment from 31.07.2012 to 14.09.2012 under Government Dispensary. On getting recovered from her illness, she approached the school in September 2012 for admission but the school denied her admission without any valid reason. Since then, Neha and her father Ashok Sharma(M-9213518566) are running from pillar to post but till date the school has not granted her admission and now she is forced to approach the Hon’ble Delhi High Court for relief.
It is unfortunate, that the Government of Delhi which claims that it works for the welfare of girl students, has literally punished the poor girl Neha by denial of admission. The Government did not move even after receiving a legal notice dated 11.12.2012 from Advocate Ashok Agarwal, Advisor Social Jurist.
“Neha cannot be denied admission in such cases where he could not join the school on account of her illness. A student cannot be legally asked to wait for another year as she may either lose interest in studies or may go astray on account of the passage of time,” submitted the petitioner.
Case is listed for 14.01.2013 for hearing in the Court of Justice G.S.Sistani.
Ashok Agarwal, Advocate
The man sitting on the floor in the picture 1 and the woman in picture 2 are herdsmen in Khamda village of Dharni Tehsil, District Amravati in Northern Maharashtra (Vidharbha). The herdsmen take out the villagers’ cattle for grazing everyday and get a roti a day from every household as wages. Once in a year, they receive a payment of Rs. 100 per animal as gift on Holi festivals from the villagers, which constitutes their annual wages. Beyond that, they never get a single penny during any other time of the year. In some other villages in the region, not having enough cattle in their own village, the herdsmen go to other nearby villages for work, crossing several miles of forest every day. Their system of remuneration remains the same, a roti a day from each household and Rs.100/- per animal on Holi. This information has been collected from these unfortunate workers by Advocates Ashok Agarwal and Nisha Tomar during their recent visit (from 22.12.12 to 28.12.12) to the Tribal Villages of Amravati District in the Vidharbha Belt of Maharashtra.
Ashok Agarwal, Advocate
Shri Mohit S.Shah
The Hon’ble Chief Justice
The High Court of Bombay
December 31, 2012
Subject: Non-payment of MNREGA wages for May, 2012 to 150
villagers in Amravati district
We, Social Jurist, are a group of lawyers and social workers, based in Delhi, committed mainly to the cause of right to education and healthcare. Our delegation visited Amravati district of Maharashtra between 21.12.2012 and 28.12.2012 on an invitation by Apeksha Homoeo Society, an NGO based in Maharashtra, to assess the state of implementation of the RTE Act, 2009, the Mahatma Gandhi National Rural Employment Guarantee Act (MNREG Act), 2005, The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and the state of health facilities, among others in the tribal belt of the Vidarbha region. During out visit to Lakatu village in Dharni Tehsil of Amravati district, the villagers made a written complaint to us regarding non-payment of their dues under the MNREG Act, 2005. The said written complaint is enclosed herewith for your reference.
It is submitted that the complaint pertains to work executed by as many as 150 villagers under the MNREG Act from the period of 12.05.2012 to 18.05.2012. Thus more than 7 months have passed ever since but the poor tribals are yet to receive any payment for the same. It is worth mentioning that these farmers usually work on daily wages from hand to mouth and are not in a position to wait for such a long duration. Due to the impugned non-payment, 7 days of their toil have gone unrewarded, which amounts to begar, a violation of their fundamental right guaranteed under Article 23 of the Constitution of India.
It is useful to point out here that that the poor tribals had undertaken the work under the assurance that they would be paid their dues within 15 days of making the claim, but under the present circumstances, they feel cheated and have lost faith in the scheme as a whole.
Thus, the inaction on the part of the government of Maharashtra is not just violative of the fundamental and statutory rights of the villagers but also a highly insensitive omission which has worsened the plight of the poor tribals who are on the brink of starvation.
You are requested to kindly treat the present letter a PIL and direct the state government to forthwith disburse the MNREGA claims of all the villagers of the said village and to take necessary stern action to ensure that the government does not sleep over the similar claims of the poor people in the future.
Ashok Agarwal, Advocate
Advisor, Social Jurist
M: - 09811101923