Delhi High Court
Sh. M.S. Bawa vs Government Of Nct Of Delhi And Ors. on 6 February, 2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) No. 8105/2009
% 6th February, 2017
SH. M.S. BAWA ..... Petitioner
Through: None.
versus
GOVERNMENT OF NCT OF DELHI AND ORS. ..... Respondents
Through: Mr. Siddharth Dutta, Advocate
for R-1 and 2.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1. Petitioner, who was working as a Post Graduate Teacher
(PGT), (Maths) with the respondent no. 3/Sant Nirankari Senior
Secondary School, seeks the relief of re-employment up to the age of
62 years in terms of the circular of the Director of Education dated
28.2.2007.
2. Respondent no. 3/school has filed its counter affidavit and
stated that the petitioner was not re-employed because there were
available qualified persons for appointments as PGT (Maths) with the
respondent no. 3/school, and therefore, the Managing Committee of the
respondent no. 3/school as per its Minutes of Meeting dated
20.12.2008 decided not to give re-employment to the petitioner up to
62 years. This agenda item of the Minutes of Meeting dated
20.12.2008 reads as under:-
"Agenda item No. 4:
Any other item with the permission of the Worthy Chairman:
The representation dated 15 December, 2008 and 19 December, 2008
submitted by Sh. M.S. Bawa, retired PGT (Maths) of this School
regarding his re-employment as PGT (Maths) were also discussed.
The case regarding re-employment of Sh. M.S. Bawa as PGT (Maths)
after his superannuation was discussed in the Management Committee
meeting held on 27 September, 2008 and it was unanimously resolved
and approved by the Managing Committee that since there are TGT
(Maths) teachers already working in the school who are eligible for
promotion to the post of PGT (Maths), as such the case be processed
further for filing up this post of PGT (Maths) from amongst the eligible
teachers through promotion.
In view of the aforesaid resolution of the M.C. request of Sh. M.S. Bawa
for re-employment for the post of PGT (Maths) was not approved by the
Management Committee Sh. Bawa may be informed accordingly.
The meeting ended with the vote of thanks by the Worthy Chairman.
Sd/-
Gur Parkash Singh
Manager"
(underlining added)
3. The relevant circular in this regard which would apply is
circular dated 24.9.2013 of the Director of Education and which
specifically provides that re-employment of teachers will be linked to
the vacancy position and re-employment will be only against vacant
posts and that too there would be no re-employment if department is
able to fill up the vacant posts of teachers on regular basis. Regular
basis obviously means appointment to the post of PGT by promotion
from the feeder cadre, and which was available in this case. The
circular of the Director of Education dated 24.9.2013 reads as under:-
"Circular dated 24.9.2013
No.F.30-3(28) Co-ord./Edn./Vol.II/2006/ Dated: 24/9/2013
NOTIFICATION
"In pursuance of Cabinet Decision No. 2068 dated 02.09.2013 stating that
"The Cabinet consideration the note of Pr. Secretary (Education) and
approved the proposal contained in paras VIII(a) to (f) of the Cabinet
Note. The cabinet decided that the approval of Government of India be
obtained subsequently. The re-employment will not be automatic, but
subject to vigilance clearance, fitness, performance, work & conduct and
on a year to year basis based on annual contract and linked with
vacancies" conveyed vide letter No.F.3/2/2011 GAD/CN/Pt. File-1/dsgad-
III/4116-4127 dated 04.09.2013, the Hon'ble Lt. Governor of Govt. of
NCT of Delhi is pleased to allow re-employment of teachers of all
categories in Govt. and Govt. aided schools under the Directorate of
Education, and shall further be governed as under as per decision of the
Cabinet. As per directions of the Hon'ble L.G. Delhi, the post-facto
approval from the Govt. of India remains necessary.
(a) Teachers of all categories in Govt. and Govt. Aided schools
under the Director of Education will be eligible for re-employment upto a
maximum age of 65 years.
(b) However, re-employment of teachers after the age of 62 years
will be of one year at a time upto a maximum age of 65 years.
(c) Re-employment of teachers will not be automatic and will be
subject to their being found to be suitable in all respects. Suitability will
be determined on the basis of their performance reports/annual
confidential report, work and conduct certificate and integrity certificate
and on their being declared medically fit.
(d) Re-employment, either on the first occasion or on subsequent
occasions will not be an automatic right conferred upon teachers.
(e) Re-employment of the teachers will be linked to the vacancy
position and teachers may be re-employed only against vacant posts.
Further, if the department is able to fill up the vacant posts of teachers on
a regular basis, the tenure of a re-employed teacher would be contained on
the principle of "first in the first out".
(f) The re-employed teachers will have to sign an annual contract
with the Department wherein the terms and conditions of their
employment will be clearly stipulated.
The terms and conditions of re-employment are being issued separately.
By order and in the name of The Lt. Governor of the National Capital
Territory of Delhi.
Sd/-
(SHASHI KAUSHAL)
SPL. DIRECTOR OF EDN. (S.B)"
(underlining added)
4. In the present case, no doubt the writ petition was filed in
2009, however, the earlier circulars of the Director of Education stand
explained and modified by the circular dated 24.9.2013.
5. In view of the above, the petitioner's claim for automatic
re-employment in the facts of the present case cannot be acceded to,
inasmuch as, respondent no. 3/school has given a valid reason of
vacancy to be filled in from the feeder cadre as a regular
post/employment and therefore, this writ petition does not have merit
and is accordingly dismissed.
FEBRUARY 06, 2017 VALMIKI J. MEHTA, J
AK
