THE HON’BLE SRI JUSTICE G.RAGHURAM WRIT PETITION NO.15762 OF 2000 DT: 02-12-2010 BETWEEN: SMT.K.SUJATHA .. PETITIONER AND THE CHAIRMAN, CENTRAL BOARD OF SECONDARY EDUCATION (CBSE), shikshakendra, 2-Community Centre, Preetvihar, NEW DELHI – 110 092. And others .. RESPONDENTS THE HON’BLE SRI JUSTICE G.RAGHURAM WRIT PETITION NO.15762 OF 2000 O R D E R : The Chairman, Central Board of Secondary Education; the Secretary, CBSE; the Correspondent-cum-Principal, Durga Public School (affiliated to CBSE, New Delhi); and the Chairman, Durga Educational Society are the only respondents impleaded in this writ petition which is filed for a declaration that the action of the respondents in not paying the petitioner arrears of her salary, P.F., gratuity, E.L. and additional increments on par with corresponding categories of employees of the State Government schools as per the byelaws of the CBSE is illegal, arbitrary and for a consequent direction to the respondents to pay the said amounts with interest. The 3rd respondent has filed a detailed counter affidavit contending that the writ petition is not maintainable as none of the respondents are the State or an instrumentality of the State within the meaning of Article 12 of the Constitution. The answering respondent also denies the claim of the petitioner on merits apart from contending that the writ petition is barred by delay and laches. The petitioner resigned from the service of Durga Public School on 5.11.1996. The writ petition is however filed in 2000. According to the answering respondent, the petitioner entered service of 3rd respondent on 15.6.1983 as a temporary teacher on a consolidated salary of Rs.500/- per month which was enhanced by an order dated 10.6.1989 to Rs.800/- per month. The committee of the school confirmed the services of the petitioner in a regular post of social studies teacher w.e.f. 10.6.1996 in the scale of Rs.1010-1800. The petitioner was paid the said scale w.e.f. 10.6.1996 till 5.11.1996, the date of her resignation. According to the respondents, the petitioner accepted the amounts paid as salaries without any objection and thereafter resigned to take up a better career opportunity as a teacher in a Government school. On these pleadings the 3rd respondent contends that the petitioner has not made out any case for grant of relief. The writ is seen to be misconceived as no State or an instrumentality of the State is impleaded as a respondent in this writ petition; no provision of any law or an instrument having the insignia of law is cited in support of the claim of the petitioner; and the writ petition is filed four years after her resignation on 5.11.1996 without any explanation for the inexplicable and inordinate delay. For the aforesaid reasons there are no merits in the writ petition and is dismissed. But in the circumstances without costs. Dt:02-12-2010. ( G.RAGHURAM, J ) THE HON’BLE SRI JUSTICE G.RAGHURAM WRIT PETITION NO.15762 OF 2000 DT: 02-12-2010