Bal Kishan v. The Chief Secretary Thr. Govt of NCT and Anr

ORDER vo zt.Lt.zoLr' The present nine Petitions are fited by retired teachers seeking automatic re-employment in terms of the Notification issued by the Government of National capital Territory of Delhi, Directorate of Ed.ucation, 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 B)/Co-or d-12006 I 689-70 3 Dated:29tn Jan, 2007 NOTIFICATION In pursuance of Cabinet Decision No.1113 dated

04.09.2006 conveyed vide letter No'F'3/3/2OO+- GAD/CN/2049r-5ot dated 08.09.2006, the Lieutenant Governor, Government of National wP(c) 4s53/20LL & ORS e \J CapitalTerritoryofDelhiispleasedtoallow automatic re-employrnent of all retiring teachers uptoPGTlevel,subjecttofitness-andvigilanc-e clearance, tiII they attain the age of 62 years or tiII clearancefromtheGovernmentoflndiafor extending retirement age is receive_d, whichever is earlier. fhe terms and conditions of re-emplo5rment 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-emploFnent is no longer res integra and has been decided by this court in earlier Judgments tn sheila Puri v. MCD, 1-985 (9) DRI LBO and Sushma Nayarv. tufanagringr 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 Courl in WP(C) No.4703l2OL1', Dharam Singhv' The Chief Secretary & Ors.videJudgment/Order dated B'h3uly, 20tL' 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/2011 & 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.

SIDDHARTH MRIDUL, J. NOVEMBER 2L,?OLL h,J</ { WP(C) 485s/2011 6z ORS

$-18 *INTHEHIGHcoURToFDELHIATNEwDELHI + w.P.(C) 48531201.1 & CM 9B4Il20r1' HENA DUTTA Through: Mr. R.K. Saini, Advocate' BENGALI SENIOR SECONDARY SCHOOL & OTHERS Through: Mr. SanjoY Kumar Ghosh and Ms. Rupa1i S. Ghosh, Advocate for R-1. Mr. Shariq Mohammad, Advocate for R-2 & R-3. $1e + w.P.(C) 633412011 & cM L2730120t1' K P S MALIK Through: Mr. Shailendra Babbar, Advocate. VCTSUS DIBECTOR 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/2011 & 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. $23 + w.P.(c) 57051201.1 & CM tt642l20LL RUPALI MEHTA Through: l4r. 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) 634212011 & cM t27451201L SHILAWATI CHOUDHARY Through: Mr. Kartar Singh, Advocate' THE CHIEF SECRETARYAND ORS Through: Ms. Sonia Arora, Advocate for the R-L & R-2 & cM L3630120Lt !t $26 + w.P.(c) 6757|ZOLL DHARAM VIR ..... Petitioner Through: Mr. Kartar Singh, Advocate' VETSUS THE CHIEF SECRETARY AND ANR Through: Mr. Dhanesh Relan, Advocate. wP(c) 4853/20L1 & ORS Page 2 of6 ? $28 + w.P.(C) 7246120L1 & CM 16467120t1 GITA SHARMA Through: Mr. Kartar Singh, Advocate' VCTSUS THE CHIEF SECRETARY AND ORS Through: None. $29 + w.P.(C) 72731201.1 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-1. $31 + w.P.(C) 73591201.1 & CM 1'6688120L1' BHAGAT SINGH Through: Mr. Sunil Prasad, Advocate' STATE (GOVT OF NCT OF DELHI) & oRs ..... Respondents Through: None. ..i\rl wP(c) 4853/20L1 & ORS Page 3 of6 .l $32 ,z - + -/ w.P.(c) 745512011. \-z gAL kt-SHAN ..... petitioner .. Through: Mr' Kartar Singh' Advocate' THECHIEFSECRETARYTHR.GOVToFNCTANDANR ..... ResPondents Through: Ms. Sonia Arora, Advocate' for R-L & R-2. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRTDUL