JANARDAN SHARMA Vs. GNCT OF DELHI THROUGH

JUDGEMENT

(1.) The present petition has been filed by the petitioner with the following prayers:

(2.) The facts as noted from the petition are that in the year 1977-78 the respondent No.2 / Directorate of Education, Govt. of NCT of Delhi had introduced Vocational Stream in +2 stage of the school education. The Directorate created various posts for Vocational Teachers on temporary basis which have been continued on year-to-year basis by the subsequent orders issued by it. The petitioner was appointed as a Part Time Vocational Teacher in the course of Banking by the respondent No.2 on December 02, 1991.

(3.) Vide notification dated August 07, 1995, the respondents have framed Recruitment Rules for the posts of Post Graduate Teachers (Vocational) in various Vocational Courses. In the year 2009, the Parliament amended the definition of the word employee as defined in Section 2(e) of the Payment of Gratuity Act, 1972 ( Act of 1972 , for short) with retrospective effect, from April 03, 1997. Pursuant thereto, the teachers were entitled to the Gratuity under the Act of 1972 from their employer w.e.f. April 03, 1997. The petitioner continued to work as a Part Time Vocational Teacher with the respondents and has retired on attaining the age of superannuation on March 26, 2020.