Shila Wati Choudhary v. The Chief Secretary and Ors

ORDER 21,.L1,.20LL The present nine Petitions are filed by retired teachers seeking automatic re-employment in terms of the Notification issued by the Government of National Capital Territory of Delhi, Directorate of Education, Old Secretariat, Delhi, dated 29th January, 2007. Since they raise a common issue they are disposed of by this common order. The Notification dated 29thJanuary,2007 reads as follows:- "Government of National Capital Territory of Delhi Directorate of Education OId Secretariat, Delhi No.F. 30-3 (2 8)/Co-ord. 12006 | 689-70 3 Dated:29tn Jan, 2007 NOTIFICATION In pursuance of Cabinet Decision No.111-3 dated

04.09.2006 conveyed vide letter No.F.3/3/2004-GAD/CN/20491-502 dated 08.09.2006, the Lieutenant Governor, Government of National WP(C) 48s3/2011 6z ORS Page 4 of6 Capital Territory of Delhi is pleased to allow automatic re-employment of all retiring teachers upto PGT level, subject to fitness and vigilance clearance, till they attain the age of. 62 years or till clearance from the Government of India for extending retirement age is received, whichever is earlier. The terms and conditions of re-employment are being notified separately. By order and in the name of The Ld. Governor of the National Capital Territory of Delhi SD/- Dated: 29.01..2007" The issue of automatic re-employment is no longer res integra and has been decided by this Court in earlier Judgments tn Sheila Puri v. MCD, 1985 (9) DRI LBO and Sushma Nayarv. IVfanagringr Committee, Delhi Public School Mathura Road,2009 vrr AD (DELHT) 146. The above said two decisions were relied upon by a Division Bench of this Court in WP(C) No.47031201L, Dharam Singhv. The Chief Secretary & Ors. vide Judgment/Order dated B'hJuly, 20LL. The basic principle that has been settled in the aforesaid decisions is that the Notification refers to automatic re-employment of a retiring teacher up to PGT level and that the said teacher does not cease to be a teacher merely because he also happens to hold the post of a Vice Principal or a Principal. wP(c) 485s/20L1. & ORS Page 5 of6 In the circumstances the present Petitions are allowed and a mandamus is issued to the Respondents directing that the Petitioners shall be entitled to benefit of the Notification dated 29th January, 2007 of automatic re-employrnent for a period of two years subject to the terms and conditions as set out in the Notification. With the above directions the Writ Petitions are disposed of. '(

SIDDHARTH MRIDUL, J. NOVEMBER zL,zOLL n'r)</ wP(c) 4B5s/2011 & ORS

t $-18 * IN THE HIGH COURT OF DELHI AT NEW DELHI w.P.(c) 4B53|2OLL & CM 984u20L1, HENA DUTTA Through: Mr. R.K. Saini, Advocate. BENGALI SENIOR SECONDARY SCHOOL & OTHERS Through: Mr. Sanjoy Kumar Ghosh and Ms. Rupali S. Ghosh, Advocate for R-1. Mr. Shariq Mohammad, Advocate for R-2 & R-3. s19 + w.P.(c) 6334120L1 & CM L27301201.1. K P S MALIK Mr. Shailendra Babbar, Advocate. Through: VETSUS DIRECTOR OF EDUCATION & ANR. Through: Ms. Sonia Arora, Advocate for R-1. Ms. Priya Deep for Mr. Shobhit Chandra, Advocate for R-2. wP(c) 4Bs3/2011 & ORS Page 1 of6 Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. $23 + w.P.(c) 5705120t1 & cM 1,1.642120L1. RUPALI MEHTA Through: Mr. R.K. Saini, Advocate. SGTN GIRLS SR. SECONDARY SCHOOL AND ORS Through: Mr. Jasmeet Singh, Advocate for R-1. Mr. N.R. Chaudhary, Advocate for GNCTD. $24./ +./ w.p.(c) 63421201"1 & CM L2745120tt SHILA WATI CHOUDHARY THE CHIEF SECRETARYAND ORS Through: Ms. Sonia Arora, Advocate for the R-l- & R-2 $26 + w.P.(c) 67571201.L & CM L36301201"L DHARAM VIR VETSUS THE CHIEF SECRETARY AND ANR Through: Mr. Dhanesh Relan, Advocate. wP(c) 4853/2011 & ORS Page 2 of6 $28 + w.P.(c) 72461201"L & CM t6467120Lt GITA SHARMA s29 + w.P.(c) 7273120tL RENUKA BHATIA Through: THE CHIEF SECRETARYAND ORS Through: None. Mr. sand""o b;;::Jitioner Advocate. $31 + DIRECTOR OF EDUCATION AND ANR ..... Respondents Through: Mr. H. S. Sachdeva and Mr. S.K. Nimmi, Advocates for R-1. w.P.(c) 735912011 & CM L66BBl2otL BHAGAT SINGH Through: Mr. Sunil Prasad, Advocate. STATE (GOVT OF NCT OF DELHI) & ORS ..... Respondents Through: None. wP(c) 4B5s/2011 & ORS Page 3 of6 $32 + w.P.(c) 7455120L1. BAL KISHAN THE CHIEF SECRETARY THR. GOVT OF NCT AND ANR Through: Ms. Sonia Arora, Advocate. for R-l & R-2. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL