NARENDER SINGH Vs. GNCT OF DELHI AND ORS

JUDGEMENT

(1.) Challenge in this writ petition is to the order dated 09.09.2014 by which the OA filed by the petitioner was dismissed and the subsequent order dated 28.05.2015 passed by the Central Administrative Tribunal(hereinafter referred to for short as "the Tribunal") by which the review petition filed by the petitioner was also dismissed.

(2.) The necessary facts to be noticed for the disposal of this writ petition are that the petitioner retired as Laboratory Assistant from G.G.Sr. Secondary School which is established under the Directorate of Education, Government of NCT of Delhi. The petitioner had approached the Tribunal seeking a direction to the respondents to re-employ him forthwith as a Laboratory Assistant on his retirement on 30.11.2013 and for release of his salary. This prayer of the petitioner was rejected by the Tribunal as the Laboratory Assistant was not covered by the Notification of the Directorate of Education dated 29.01.2007 which allows automatic re-employment to a retiring teacher upto PGT level. It is strongly urged before this Court that Laboratory Assistants are covered in the wider definition of a teacher. Reliance was placed by the learned counsel appearing for the petitioner on a decision rendered by a Single Judge of this Court in the case of Nutan Gulati v. Director of Education and Ors., [W.P.(C). No.109/2013] decided on 09.07.2013. Counsel submits that in response to the query raised, a reply has been received that all Lab Assistants in a Senior Secondary School falls under Category-III.

(3.) Learned counsel for the respondent who enters appearance on an advance copy submits that in an identical matter another Division Bench of this Court in the case of Sat Narain v. Directorate of Education & Ors., [WP(C) No.5374/2013 upheld the order of the Tribunal and held that the Lab Assistant is not covered under the teaching staff.