K.M.YADAV Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) This hearing has been done through video conferencing.

(2.) The present writ petition has been filed under Article 226 of the Constitution of India challenging the dismissal order dated 28th August, 2020 issued by the D.A.V. Senior Secondary Public School, J-Block, Paschim Vihar, New Delhi for which approval was granted by the Department of Education on 27th August, 2020 and communicated on 28th August, 2020.

(3.) The short point raised by Mr. Sanjeev Ralli, ld. Counsel for the Petitioner is that the Petitioner had already attained superannuation on 6th August, 2020 in terms of Rule 110 of The Delhi School Education Rules, 1973, as he turned 60 years old. Thus, the approval and the dismissal order passed after his retirement are completely without jurisdiction. He further submits that the disciplinary proceedings against the Petitioner was subject matter of petitions before the Ld. Division Bench of this Court which had passed judgment on 31st October, 2018 to the following effect:-