Dharam Vir v. The Chief Secretary and Anr

ORDER 2I.LL.?OLL The present nine Petitions are filed by retired teachers seeking automatic re-emplo5rment in terms of the Notification issued by the Government of National Capital Territory of Delhi, Directorate of Education, OId Secretariat, Delhi, dated 29th January, 2007. Since they raise a common issue they are disposed of by this common order. The Notification dated 29ftJanuary,2007 reads as follows:- '"Goverrrment of National Capital Territory of Delhi Directorate of Education Old Secretariat, Delhi No.F. 30-3 (2 B)/Co-ord.12006 I 689-703 Dated:29tn Jutt, 2007 NOTIFICATION In pursuance of Cabinet Decision No.l-113 dated

04.09.2006 conveyed vide letter No.F.3/3/2004-GAD/CN/20491.-502 dated 08.09.2006, the Lieutenant Goverrlor, Government of National wP(c) 4853/2011 & ORS Page ( of 6 l-l 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: 29.0I.2007" The issue of automatic re-emplo5rment is no longer res integra and has been decided by this Court in earlier Judgments tn Sheila Puri v. MCD, 1985 (9) DRJ l-80 and Sushma Nayarv. Managring 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.4703120t1, Dharam Singhv. The Chief Secretary & Ors. vide Judgment/Order dated BthJuIy, 201,L. 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. J wP(c) 4B5s/2011 & ORS Page 5 of6 "4 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 29thJanuary, 2007 of automatic re-employment 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. nU 4r<"ot'-'t

SIDDHARTH MRIDUL, J. NOVEMBER 2I,?OLT. Mk/ wP(c) 4853/201L & ORS Page 6 of6

$- 1B * IN THE HIGH COURT OF DELHI AT NEW DELHI + w.p.(c) 48531201"1 & CM gB4L/201"L HENA DUTIA ..... petitioner Through: Mr. R.K. Saini, Advocate. versus BENGALI SENIOR SECONDARY SCHOOL & OTHERS rhroush: Mr. sanjoy il-::'8f,33f:T. Ms. Rupali S. Ghosh, Advocate for R-1. Mr. Shariq Mohammad, Advocate for R-2 & R_3. $1e + w.p.(c) 6334/20t1 & cM L2730/201.1, _.i KPSMALIK ....petitioner Through: Mr. Shailendra Babbar, Advocate. DIRECTOR OF EDUCATION & ANR. Through: Ms. Sonia Arora, advocate foi R_L. Ms. priya Deep for Mr. Shobhit Chandra, Advocate for R_2. ) .1 ' wP(c) 4B5s/2011 & ORS Page 1 of6 A d ared and hysical rified n, $23 + w.P.(c) 5705120t1 & cM L1.642120Lt RUPALI MEHTA ..... PCtitiONCT Through: Mr. R.K. Saini, Advocate. versus 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) 6342120L1- & CM t27451201L Through: Mr. Kartar Singh, Advocate. VCTSUS THE CHIEF SECRETARYAND ORS ....' Respondents Through: Ms. Sonia Arora, Advocate for the R-L & R-2 L3630120t1. SHILA WATI CHOUDHARY sl $26 ,/ -r' w.P.(c) 67s7l2or1 & cM DFIARAM VIR Through: Mr. Kartar Singh, Advocate. THE CHIEF SECRETARY AND ANR Through: Mr. Dhanesh Relan, Advocate. wP(c) 4853/201L & ORS Page 2 of6 ) '- 1! s2B + w.P.(c) 72461201.L & CM L6467120Lr GITA SHARMA Through: Mr. Kartar Singh, Advocate. THE CHIEF SECRETARY AND ORS Through: None. $29 + W.P.(C) 7273120LL RENUKA BHATIA Through: Mr. Sandeep Grover, Advocate. VCTSUS DIRECTOR OF EDUCATION AND ANR ..... Respondents Through: Mr. H. S. Sachdeva and Mr. S.K. Nimmi, Advocates for R-1_. $31 + w.P.(c) 7359120L1- & CM L66B8|2OLL BHAGAT SINGH Through: Mr. Sunil Prasad, Advocate. VCTSUS STATE (GOVT OF NCT OF DELHI) & ORS ..... Respondents Through: None. J wP(c) 4B5s/2011 & ORS Page 3 of6 u $32 + w.P.(c) 7 455120L1. BAL KISHAN 'tn Through: Mr. KarLar Singh, Advocate. THE CHIEF SECRETARY THR. GOVT OF NCT AND ANR Through: Ms. Sonia Arora, Advocate. for R-1_ & R-2. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL