K P S Malik v. Director of Education & Anr

ORDER o/o 2L.LL.2O11' The present nine Petitions are filed by retired teachers seeking automatic re-employrnent 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 29ftJanuary,2007 reads as follows:- ' t'Government of National Capital Territory of Delhi Directorate of Education Old Secretariat, Delhi No.F. 30-3 (2 B)/Co-ord.12006 I 689-7 03 Dated:29tn Jatt, 2007 NOTIFICATION In pursuance of Cabinet Decision No.LlL3 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) 4B5s/2011 & ORS Page 4 of6 Rz 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: 29.01'.2007" The issue of automatic re-employment is no longer res integra and has been decided by this Court in earlier Judgments rn Sheila Puri v. MCD, 1985 (9) DRJ LBO and Sushma Nayarv. Managingr 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.4703120L1', Dharam Singhv. The Chief Secretaty & Ors. videJudgment/Order dated BthJuIy, 201t. The basic principle that has been settled in the aforesaid decisions is that the Notification refers to automatic employment of a retiring teacher up to PGT level and that said teacher does not cease to be a teacher merely because also happens to hold the post of a Vice Principal or a Principal. re-the he wP(c) 4853/2011 & ORS q 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, 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. {.' R, Al/ . / r-d-l

SIDDHARTH MRIDUL, J. NOVEMBER zL,zOLI nil</ wP(c) 4853/201.1 & ORS Page 6 of6

v -a $-18 * IN THE HIGH, COURT OF DELHI AT NEW DELHI + w.P.(c) 4Bs3l20L1 & CM 984t1201't HENA DUTTA ' Through: Mr. R.K. Saini, Advocate. versus 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. $LOrZ g w.p.(c) 633412011 & cM t2730120LL K P S MALIK Through: Mr. Shailendra Babbar, Advocate. versus DIRECTOR OF EDUCATION & ANR. Through: Ms. Sonia Arora, Advocate for R-L. Ms. Priya DeeP for Mr. Shobhit Chandra, Advocate for R-2. Page 1. of 6 wP(c) 4853/20L1. & 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. /J s23 : + w.P.(c) 5705120L1 & cM L1.642120L1 RUPALI MEHTA Through: Mr. R.K. Saini, Advocate. VETSUS SGTN GIRLS SR. SECONDARY SCHOOL AND ORS rhrough: Mr. Jasmeet si;;hliT""J.1"r3tt : for R-1. Mr. N.R. Chaudhary, Advocate , for GNCTD. #24 + w.P.(c) 6342120L1 & CM L274s120t1. SHILA WATI CHOUDHARY Through: Mr. Kartar Singh, Advocate. VCTSUS THE CHIEF SECRETARY AND ORS Through: Ms. Sonia Arora, Advocate for the R-1- & R-2 \:/ $26 + w.p.(c) 6757120L1 & CM 1.3630120rt DHARAM VIR Through: Mr. Kartar Singh, Advocate. VETSUS THE CHiET' SECRETARY AND ANR Through: Mr. Dhanesh Relan, Advocate. wP(c) 4853/201.1 & ORS Page 2 of6 I b $28 + w.p.(c) 7246120L1 & CM 1.6467120LL GITA SHARMA Through: Mr. Kartar Singh, Advocate. VETSUS THE CHIEF SECRETARYAND ORS Through: None. i '' $29 + w.P.(c) 72731201.r 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. \,,r $31 + w.P.(c) 7359120L1 & CM L66BB|20LL BHAGAT SINGH Through: Mr. Sunil Prasad, Advocate. VETSUS STATE (GOVT OF NCT OF DELHI) & ORS ..... Respondents Through: None. wP(c) 4853/2011 & ORS Page 3 of6 t; o $32 + w.P.(c) 7455120LL , shgil, l3T:'."ii:: versus 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