Bhagat Singh v. State (Govt of NCT of Delhi) & Ors

ORDER o/o ZL.LL.?OI\ 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 29trJanu ary,2007 read.s as follows:- "Government of National Capital Territory of Delhi Directorate of Education OId Secretariat, Delhi No.F. 30-3 (2 B)/Co-or d.12006 | 689-7 03 Dated:29tn Jun, 2007 NOTIFICATION In pursuance of Cabinet Decision No.1i-1-3 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) 4853/201.1 & 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 vigilanc-e clearance, tiII they attain the age of 62 years or till clearance from the Government of India for extend.ing retirement age is received, whichever is earlier. fhe terms and conditions of re-employment are being notified seParatelY. By order and in the name of The Ld. Governor oi 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, 1-985 (9) DRJ l-80 and Sushma Nayar v. Managing Committee, Delhi Public School Mathura Road, 2009 VII AD (DELHI) 146. The above said two decisions were relied upon by a Division Bench of this Court in WP(C) No.4703l20Lt, Dharam Singhv. The Chief Secretary & Ors. vide Judgment/Order dated B'h;uly, 2011'. 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) 4853/201.1 & 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 Janu ary, 2OO7 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. NOVEMBER zL,zOTT d</ WP(C) 4853/20L1 6t ORS Page 6 of6

-'fri '.:-+"-; o $-18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + w.P.(C) 4853120L1 & CM 984r1201't HENA DUTTA ....' Petitioner Through: Mr. R.K. Saini, Advocate' BENGALI SENIOR SECONDARY SCHOOL & OTHERS Through: Mr. SanjoY Kumar Ghosh and Ms. Rupali S. Ghosh, Advocate for R-l-. Mr. Shariq Mohammad, Advocate for R-2 & R-3. I $1e + w.P.(c) 63341201"1 & CM L2730l2OLt K P S MALIK Through: Mr. Shailendra Babbar, Advocate. 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) 4B5s/201L & ORS Page L 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. i 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) 6342120L1 & CM l274sl20tL SHILA WATI CHOUDHARY THE CHIEF SECRETARY AND ORS Through: Ms. Sonia Arora, Advocate for the R-l- & R-2 $23 + w.P.(c) 5705120t1 & cM tt642l20Lt RUPALI MEHTA $26 + w.P.(C) 6757120L1 & CM 1.36301201'L DHARAM VIR Through' Yt. Kartar Singh, Advocate. THE CHIEF SECBETARYAND ANR Through: Mr. Dhanesh Relan, Advocate. wP(c) 4853/2011 & ORS Page 2 of6 $28 + w.P.(c) 7246/2011 & CM 1.6467/zOtL GITA SHARMA THE CHIEF SECRETARY AND ORS Through: None. $2e + w.P.(c) 7273120LL RENUKA BHATIA Through: Mr. SandeeP Grover, Advocate. DIRECTOR.OF EDUCATION AND ANR ..... Respondents Through: Mr. H. S. Sachdeva and Mr. S.K. Nimmi, Advocates for R-L. w.P.(c) 73591201"L & CM L66BBl20rt BHAGAT SINGH .... Petitioner Through: Mr. Sunil Prasad, Advocate. VETSUS STATE (GOVT OF NCT OF DELHI) & ORS ..... Respondents Through: None. WP(C) 4853/20LL 6{ ORS Page 3 of6 $32 + w.P.(c) 74551201t BAL KISHAN VETSUS 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