GOVT. OF NCT OF DELHI Vs. MITHILESH SWAMI

JUDGEMENT

(1.) On September 04, 2006, the Cabinet of the Government of NCT Delhi took decision No.1113 recommending age of superannuation of teachers in schools established by the Government of NCT Delhi to be enhanced from 60 years to 62 years and pending approval from the Union Government resolved that subject to fitness and vigilance clearance, teachers on retirement would be entitled to serve till the age of 62 years. The resolution in question reads as under:-

(2.) Litigation ensued soon thereafter when the Government of NCT Delhi took the stand that its decision was applicable only to teachers who taught in classes and not Vice Principals, Principals and Headmasters/Headmistresses.

(3.) Since the decision was applicable to the schools recognized under the Delhi School Education Act, 1973, a Vice Principal of Delhi Public School Mathura Road, on being denied re-appointment till the age of 62 years approached this Court. In the decision Sushma Nayar Vs. M.C.Delhi Public School Mathura Road & Ors., 2009 7 AD(Del) 246taking note of the fact that clause (w) of Section 2 of the Delhi School Education Act, 1973 defined a teacher to include the Head of a School as per provisions of Rule 110 of the Delhi School Education Rules, 1973, which required Vice Principals and Principals to be treated as teachers, a learned Single Judge of this Court held that the decision would be applicable to Vice Principals and Principals as well. Challenge to the decision of the learned Single Judge failed when LPA No.415/2009 was dismissed by the Division Bench on July 17, 2009.