RESMI RAJEEV Vs. DIRECTORATE OF EDUCATION AND ANR.

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner Smt. Resmi Rajeev seeking directions that the petitioner should not be considered as overage inasmuch as the age bar has to be seen not on the date of grant -in -aid to the school or from the date of recognition of the school but from the date of original appointment of the petitioner. The facts of the case are that the petitioner was appointed as a clerical staff with the respondent no. 2 -school on 1.4.1998. On completion of her period of probation on 1.4.1999, she was regularized in service and this is not an issue because an agreement was duly signed between the petitioner and the respondent no. 2 -school and respondent no. 2 -school in its letter dated 12.7.2011 has accordingly informed the Director of Education that the services of the petitioner were regularized w.e.f. 1.4.1999.

(2.) THE petition is contested by the respondent No. 1/Director of Education on the ground that the grant -in -aid was given to the respondent no. 2 -school by the Director of Education on 1.9.2003, and on which date according to the Director of Education, as per Rule 104 of the Delhi School Education Act and Rules, 1973, an employee should not be overage. The Director of Education refused to consider the petitioner as an employee of the respondent no. 2 -school as having been appointed on 1.4.1998, the original date of appointment/recruitment.

(3.) IN my opinion, the issue is no longer res integra in view of the judgment of a learned Single Judge of this Court in the case of Shri Vijay Prasad Vs. Directorate of Education & Ors. : 113 (2004) DLT 141, wherein the earlier judgment of a learned Single Judge in CW No. 1592/2003 decided on 13.1.2004 titled as Smt. Amita Majumdar & Ors Vs. Govt. of NCT of Delhi & Ors. is quoted. The relevant paras of the judgment in the case of Shri Vijay Prasad (supra) are paragraphs 10 to 14 and which read as under: -