SHIVA DITTA JUNEJA Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) THE petitioner having joined the respondent no.2 Sant Nirankari Senior Secondary School, Pahar Ganj, Delhi ? 110 055, a Government aided school, as a Post Graduate Teacher (PGT) on 16th March, 1981 was on 7th March, 2008 promoted as the Principal of the said school, due to retire on attaining the age of superannuation on 31st March, 2011 of 60 years as prescribed in Rule 110 of the Delhi School Education Rules, 1973. THE petitioner relies on Notification No.F.30-3(28)/III/Coord/07(Part file)/3426-3439 dated 31st December, 2007 of the respondent no.1 Directorate of Education (DOE) of Govt. of NCT of Delhi to claim automatic re-employment till he attains the age of 62 years. THE said Notification is as under:-

(2.) THE petitioner also relies on another Order No. F.30- 3(28)/III/Coord/07/Pt. file/180-220 dated 15th February, 2008 of the DOE of Govt. of NCT of Delhi issued in pursuance to the Notification aforesaid and conveying the instructions/guidelines of re-employment and which also inter alia provides as under:-

(3.) THE present petition has been filed impugning the letter dated 10 th March, 2011 of the respondent no.1 DOE and seeking directions for re- employment. THE writ petition was accompanied with an application for an interim relief to restrain the respondent no.2 School from enforcing its letter dated 14th March, 2011 issued on the basis of the order dated 10th March, 2011 of the DOE. Notice of the petition and of the application for interim relief was issued and it was further provided that appointment if any made in place of the petitioner after 31 st March, 2011 would be subject to further orders in this writ petition. In an intra court appeal being LPA No.302/2011 preferred by the petitioner, the Division Bench vide order dated 29th March, 2011 directed expeditious disposal of the writ petition. Counter affidavits have been filed by the respondent no.1 DOE as well as the respondent no.2 School. CM No.5348/2011 has been filed by Shri A.K. Upadhyay, Vice-Principal of the respondent no.2 School and who upon retirement of the petitioner on 31st March, 2011 has been officiating also as the Principal of the school and claims to be eligible for appointment to the post of the Principal, for impleadment and intervention. Though no formal order has been made on the said application but counsel for Shri Upadhyay as well as the counsels for the parties have been heard.