Desh Ram vs The Chief Secretary Govt. Of Nct ...
2011 Latest Caselaw 5393 Del

30
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                         Date of decision:    8th November, 2011.

+      W.P.(C) 7872/2011

       DESH RAM                              ..... Petitioner
                          Through:      Mr. Kartar Singh, Advocate.

                    versus


       THE CHIEF SECRETARY GOVT. OF NCT AND ORS.
                                   ..... Respondents
                     Through: Ms. Purnima Maheshwari,
                              Advocate for R-1 & R-2.

       HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

       1.     Whether reporters of local papers may be allowed to see
              the judgment?
       2.     To be referred to the Reporter or not?
       3.     Whether the judgment should be reported in
              the Digest?

SIDDHARTH MRIDUL, J. (ORAL)

1. RULE.

2. With the consent of counsel appearing on behalf of the

parties, the matter is finally heard.

3. The Petitioner was appointed as TGT (General) on the 10th

January, 1983. The Petitioner was thereafter promoted as

Lecturer/PGT (English) on 31st July, 1996 and further promoted

as Vice-Principal on 15th March, 2011. The Petitioner was

retired on 31st October, 2011 on superannuation from

Government Boys Senior Secondary School, Mahipalpur, Delhi.

4. The present petition has been filed seeking a direction to

the Respondents to provide automatic re-employment to the

Petitioner for a period of two years upto the age of 62 years

under the Notification dated 29th January, 2007. The said

notification reads as follows:-

"In pursuance to Cabinet Decision No.1113 dated 4.9.2006 conveyed vide letter No.F.3/3/2004- GAD/CN/20491-502 dated 8.9.2006 the Lieutenant Governor, Government of National 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 Government of India for extending retirement age is received, whichever is earlier. The terms and conditions of re- employment are being notified separately."

5. Counsel for the Petitioner states that the present

controversy has been settled by the judgments of the following

decisions:-

(i) Municipal Corporation of Delhi -vs- Sheila Puri, AIR 1989 sc 356.

(ii) Sushma Nayar -vs- Managing Committee, Delhi Public School, Mathura Road & Ors., 2009 VII AD (Delhi) 246.

(iii) Dr. Shiva Dutta Juneja -vs- Director of Education and Anr., decided on 27th May, 2011.

(iv) Dharam Singh -vs- Chief Secretary, NCT of Delhi, decided by a Division Bench of this Court on 8th July, 2011.

6. In the said decisions it was held that Vice-Principals who

had been PGT earlier would be entitled to the benefit of the

Notification. It was also held that merely by reason of

promotion from the post of Vice-Principal, it does not mean that

the teacher ceases to be a teacher denying thereby the benefit

of extended service.

7. In the circumstances, a Writ of Mandamus is issued to the

Respondents, directing that the Petitioner shall be entitled to

the benefit of the Notification dated 29th January, 2007 of

automatic re-employment for a period of two years subject to

the terms and conditions as set out in the Notification.

8. With the above directions, the Writ Petition is disposed of.

9. Dasti.

SIDDHARTH MRIDUL, J.

NOVEMBER 08, 2011 dn