PURAN LAL TEWATIA Vs. GOVT. OF NCT DELHI

JUDGEMENT

(1.) Decision dated 18.03.2019 rendered by the Central Administrative Tribunal (CAT) has led to the filing of this writ petition. Learned counsel for the respondent enters appearance on advance copy. With the consent of the parties, the writ petition is set- down for final hearing and disposal at the admission stage itself.

(2.) The petitioner was working as Vice Principal, Govt. Boys. Sr. Secondary School No.1, Khanpur, New Delhi. He superannuated on 28.02.2018. Relying on Policy Notification dated 29.01.2007, the petitioner seeks automatic re-employment. The main thrust of the argument of learned counsel for the petitioner is that the petitioner has an unblemished service record ; he has vigilance clearance and is also medically fit and thus the petitioner could not be deprived of the benefit of the Notification, which has been done only on the ground that the average academic result of Class XII for the academic year 2016-17 had shown a negative deviation by 9.08% i.e. dipped to 85.56% from 94.64% for the academic year 2015-16.

(3.) Learned counsel for the petitioner further submits that the petitioner has been discriminated against as firstly, fall in academic result is not a criterion which is to be taken into consideration while assessing the case of an applicant for re-employment. Secondly, that persons who were similarly placed as the petitioner and whose results had also shown a dip, have already been granted extension / re- employment.