Gita Sharma v. The Chief Secretary and Ors

ORDER o/o zL.tL.zOLt 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 29'h January, 2OO7 . 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. 3 0-3 (2 B)/Co-or d. I 2006 | 689-7 0 3 Dated:29tn Jatt, 2007 NOTIF'ICATION In pursuance of Cabinet Decision'No.tttg dated

04.09.2006 conveyed vide letter No.F.3/3/2004-GAD/CN/2 O4gL-502 dated 08.09.2006, the Lieutenant Governor, Government of National wP(c) 4853/201L & ORS I :/ Capital Territory of Delhi is pleased to allow automatic re-emplo5rment of all retiring teachers upto PGT level, subject to fitness and vigilanc-g 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. fhe 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: 29.0t.2007" The issue of automatic re-employment is no longer res integra and has been decided by this Court in earlier Judgments in Sheila Puriv. MCD, 1985 (9) DRJ LBQ and Sushma Nayarv. Managing Committee, Delhi Public School Mathura Road, 2009 vrr AD (DELHI) 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, B'h;uly, 201'L. The basic principle that has been settled in the aforesaid decisions is that the Notification refers to automatic re-employrnent 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. 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 29'h Janu ary, 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.

SIDDHARTH MRIDUL, J. NOVEMBER 2L,?OLL va'l</ Page 6 of6

./ $-rB * IN THE HIGH COURT OF DELHI AT NEW DELHI + w.P.(c) 4gs3l20tl & CM 9g4rl20tt \j HENA DUTTA '.... Petitioner Through: Mr. R.K. Saini, Advocate. BENGALI SENIOR SECONDARY SCHOOL & OTHERS rhrough: Mr. sanjoy .;"*?t8fl:ff:T. Ms. Rupali S. Ghosh, Advocate for R-1. Mr. Shariq Mohammad, Advocate for R-2 & R-3. $L9 . + w.P.(c) 6334120L1 & CM t2730120rL K P S MALIK Through: Mr. Shailendra Babbar, Advocate. DIRECTOR OF EDUCATION & ANR. Through: Ms. Sonia Arora, Advocate for R-L. Ms. Priya Deep for Mr. Shobhit Chandra, Advocate for R-2. wP(c) 4853/201L & 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. -1 Through: Mr. R.K. Saini, Advocate. versus J SGTN GIRLS SR. SECONDARY SCHOOL AND ORS Through: Mr. Jasmeet Singh, Advocate for R-1. Mr. N.R. Chaudhary, Advocate for GNCTD. + w.P.(C) 6342120L1. & CM t2745120IL SHILA WATI CHOUDHARY Through: Mr. Kartar Singh, Advocate. versus THE CHIEF SECRETARY AND ORS Through: Ms. Sonia Arora, Advocate for the R-1 & R-2 $23 + w.P.(c) 57051201,1 & CM rt642120t1 RUPALI MEHTA $26 + w.P.(c) 67s7l20Lt & cM L3630120LL DHARAM VIR Through: Mr. Kartar Singh, Advocate. VCTSUS THE CHIEF SECRETARY AND ANR Through: Mr. Dhanesh Relan, Advocate. Page 2 of6 \ g2B/ "r/ w.P.(c) 7246120L1 & cM t6467120tt GITA SHARMA ""' Petitioner Through: Mr. Kartar Singh, Advocate' VCTSUS THE CHIEF SECBETARY AND ORS Through: None. $2e + W.P.(C) 72731201t RENUKA BHATIA ""' Petitioner Through: Mr. SandeeP Grover, Advocate. DIRECTOR OF EDUCATION AND ANR ..... Respondents Through: Mr. H. S. Sachdeva and Mr. S.K. Nimmi, Advocates for R-1. $31 + w.P.(C) 73s9120L1 & CM 16688/2011 BHAGAT SINGH ""' Petitioner Through: Mr. Sunil Prasad, Advocate. VCTSUS STATE (GOVT OF NCT OF DELHI) & oRS ..... Respondents Through: None. Page 3 of6 _r $32 + w.P.(C) 74551201.t BAL KISHAN Through: Mr. Kartar Singh, Advocate' THECHIEFSECBETARYTHR'GOVToFNCTANDANR Through: Ms. Sonia Arora, Advocate' for R-1 & R-2. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL