VIR SINGH Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) IN this Original Application, the applicant has prayed for the following relief:

(2.) BRIEF facts of the case of the applicant are that he joined the service as a Trained Graduate Teacher ( TGT ' for short) on 30.10.1972 under respondent nos. 1 and 2. He was promoted to the post of Post Graduate Teacher (History) ( PGT ' for short) with effect from 20.12.1982. In the year 1992, he applied for a new assignment as Principal in Navodaya Vidyalaya Samiti ( NVS ' for short) through proper channel. On his selection and appointment as Principal in NVS, when he was not relieved by the respondents to join the aforesaid post, he approached this Tribunal earlier, vide OA No. 1567 of 1992. By order dated 1.7.1992 the Tribunal directed the respondents to relieve him subject to the outcome of the said O.A. Accordingly, he was relieved by the respondents on 13.7.1992. He joined as Principal in NVS on 14.7.1992 and served as such till 02.09.1996. On 02.09.1996, vide relieving order dated 02.09.1996, he was discharged from the service of NVS and was accordingly relieved.

(3.) THE applicant, in his rejoinder, has refuted the averments made by the respondents in their counter. With regard to the contention of the respondents tat the O.A. is liable to be dismissed on the ground of delay and laches, the applicant has submitted that the judgments relied upon by the respondents are wholly inapt and inapplicable to the facts of his case. Reiterating the averments made by him in the O.A., the applicant has submitted that cause of action for filing the present O.A. arose on 5.11.2011 when he was informed by the respondents, vide letter dated 5.11.2011 (Annexure A -1) that his case was rejected by the higher authorities as he was not entitled for any pension, gratuity and other benefits.