Renuka Bhatia v. Director of Education and Anr

ORDER % 2L.1L.2Otl 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 29eJanuary,2007 reads 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 | 689-703 Dated:29tn Jutt, 2007 NOTIFICATION In pursuance of Cabinet Decision No.11-L3 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) 4Bs3/201L 6t ORS 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 rdceived, 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: 29.0L.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. lvfCD, 1-985 (9) DRJ LBO 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.47031201"L, Dharam Singhv. The Chief Secretary & Ors. videJudgment/Order dated BeJuIy, 20t1". 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 urrd thut th" 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) 4B5s/201L & ORS Page 5 of6 In the circumstances the present Petitions are allowed and a mand,amus is issued to the Respondents directing that the Petitioners shall be entitled to benefit of the Notification dated 29th January, 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.

SIDDHARTH MRIDUL, J. NOVEMBER zL,zOT1-. nr*/ wP(c) 4B5s/2011 & ORS

$-tB * IN THE HIGH COURT OF DELHI AT NEW DELHI + w.P.(c) 4853120t1 & CM 9B4tl20LL HENA DUTTA ..... PCtitiONCI 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. $1e + w.P.(C) 6334120t1 & CM L27301201t 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. Page 1 of6 wP(c) 4B5s/2011. & ORS 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. h $23 + w.P.(c) 5705120L1 & cM t1.642120rL RUPALI MEHTA Through: Mr. R.K. Saini, Advocate. SGTN GIRIS SR. SECONDARY SCHOOL AND ORS Through: Mr. Jasmeet Singh, Advocate for R-l-. Mr. N.R. Chaudhary, Advocate for GNCTD. $24 + w.P.(c) 63421201.1 & CM L27451201.L SHILA WATI CHOUDHARY Through: Mr. Kartar Singh, Advocate. THE CHIEF SECRETARYAND ORS Through: Ms. Sonia Arora, Advocate for the R-L & R-2 $26 + w.P.(c) 67571201.1 & CM 13630/2011 DHARAM VIR Through: Mr. Karlar Singh, Advocate. THE CHIEF SECRETARY AND ANR Through: Mr. Dhanesh Relan, Advocate. wP(c) 4853/2011 & ORS Page 2 of6 { $28 + w.P.(c) 724612011 & CM L6467120L1 GITA SHARMA Through: Mr. Kartar Singh, Advocate' THE CHIEF SECRETARYAND ORS Through: None. $29 z , +/ w.P.(c) 7273l2oLL RENUKA BHATIA ..... PEtitiONCT Through: Mr. SandeeP Grover, Advocate. VETSUS DIRECTOR OF EDUCATION AND ANR ..... Respondents Through: Mr. H. S. Sachdeva and Mr. S.K. Nimmi, Advocates for R-L. $31 + w.P.(c) 73591201.L & CM 1"66BBl20Lt BHAGAT SINGH .... PCtitiONCT Through: Mr. Sunil Prasad, Advocate. STATE (GOVT OF NCT OF DELHI) & ORS ..... Respondents Through: None. wP(c) 4B5s/20LL & ORS Page 3 of6 ( $32 + w.P.(c) 7455120tL BAL KISHAN Through: Mr. Kar[ar 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