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2011 Supreme(Del) 324

REKHA SHARMA
SHASHI KOHLI – Appellant
Versus
DIRECTOR OF EDUCATION – Respondent


Advocates Appeared:
Ms. Tamali Wad, Advocate with Ms. Indrani Ghosh, Advocate
Mr. Anjum Javed, Advocate with Mr. Nirbhay Sharma, Advocate for respondent No.1.
Mr. Puneet Mittal, Advocate with Mr. Nitin Sharma, Mr. Ankur Aggarwal, Ms. Suman Rani & Mr. Sagar, Advocates for respondent No.2.

Judgment

REKHA SHARMA, J.

The petitioner was a Chemistry teacher in Delhi Public School. She attained the age of 60 years on July 31, 2010. It is not disputed that her age of retirement was 60 years. Her grievance is that a Notification dated January 29, 2007 was issued by the Government of National Capital Territory of Delhi, Directorate of Education (in short, referred to as “GNCTD”) allowing re-employment to all retiring teachers upto PGT level till they attain the age of 62 years and that despite the Notification, she has not been granted the benefit of re-employment without any cogent reason.

Before I proceed further, let me reproduce the Notification. It runs as under:-

“GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI DIRECTORATE OF EDUCATION, OLD SECRETARIAT, DELHI.

No.F.30-3(28)/Co-Ord/2006/686-753 Dated: 29th January, 2007 NOTIFICATION


In pursuance to Cabinet Decision No.113, dt.4.9.2006 conveyed vide letter No.F.3/3/2004-GAD/CN/20491-502, dt. 8.9.2006, the Lieutenant Governor, Government of National Capital Territory of Delhi is pleased to allow automatic re-employment of all retiring teachers upto PGT level, subject to fitness and vigilance clearance, till they att












































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