MCD Vs. GIRI RAJ SHARMA

JUDGEMENT

(1.) Applicants before the Tribunal are employees in the Education Department of the Municipal Corporation of Delhi and commenced their career when appointed as Teachers and had superannuated as Head Masters, on attaining the age of 60 years. They sought automatic re-employment in terms of a Resolution passed by the Corporation relating to Business Agenda No.184; formally notified vide office order dated 26.6.2008. To put it plain, they submitted that as Head Masters of Primary Schools, since in addition to performing the administrative duties they taught in class rooms, they had to be treated as teachers and thus were entitled to serve till the age of 62 years. Additionally their case was that the word ,,Teacher includes Head Masters.

(2.) The Resolution passed by the Corporation accepts the agenda of Urgent Business No.184 wherein it was proposed:- "In view of above, the MCD teachers who have retired in the month of January, 2007 and thereafter will be considered for automatic re-employment upto the age of 62 years subject to terms and conditions as per circulars/orders and instructions/guidelines issued by Directorate of Education, Govt. of NCT of Delhi."

(3.) The office order dated 26.6.2008 reads as under:-