VALMIKI J. MEHTA, J (ORAL)

1. By this writ petition, the petitioner seeks the relief of quashing of the letter dated 28.6.2013 issued by the respondent no.2/school, by which the respondent no.2 withdrew its earlier letter dated 10.4.2013. Directions are prayed for that the respondent no.2 should implement its letter dated 10.4.2013 and continue the services of the petitioner till the age of 62 years.

2. The letters dated 10.4.2013 and 28.6.2013 read as under:

“No. SS/Per/Adm/2013 Dated: 10th April, 2013 OFFICE ORDER Further to the discussions and decision taken in the Executive Committee Meeting held on 14th March, 2013 we are pleased to inform you that your services as PGT (English) is hereby extended by 2(two) years (i.e.from 1st July, 2013 to the end of academic session 2015) This is issued as per the notification No. F30.3(28)/C0-ord/2006/689-703 dated 29th January 2007 issued by the Govt. of NCT of Delhi, Directorate of Education and decision taken int he Executive Committee Meeting. This is issued with the approval of the Chairperson, The Civil Services Society.

(Abha Sahgal)

(Chandra Bose) Principal

Secretary Sanskriti School

The Civil Services Society”

“LETTER DATED JUNE 28,2013

June 28,2013

Dear Ms. Palat,

It was the decision of the Executive Committee of the Civil Services Society to extend your service after superannuation for two years i.e. till the end of Academic Session 2015 which was intimated to you vide our Office Order No.SS/Per/Admn/2013 dated 10th April 2013 However, the norms of Directorate of Education have no provision for extension of service of teachers of private schools and hence the above referred Office Order may be treated as cancelled.

(Abha Sahgal)

(Chandra Bose) Principal

Secretary Sanskriti School

The Civil Services Society”

3. The petitioner was given re-employment up to 62 years by the respondent no.2/school, but, that benefit was withdrawn by the school”s letter dated 28.6. 2013 on the ground that the notifications of the Director of Education with respect to extension of services for two years up to the age of 62 years since do not apply to the private schools such as the respondent no.2 and the petitioner being a teacher in a private school is hence not entitled to continue in service till the age of 62 years.

4. The issue to be decided by this Court is as to whether there is an entitlement of the teachers in a private school to be granted re-employment up to 62 years in terms of the circular of the Director of Education dated 29.1.2007. Related issue also is as to whether the said circular dated 29.1.2007, when read with the subsequent notifications of the Director of Education dated 28.2.2007 and 26.12.2007, whether the benefit conferred by the notification dated 29.1. 2007 is taken away, so far as private unaided schools are concerned. For the sake of convenience, the said three notifications dated 29.1. 2007, 28.2.2007 and 26.12.2007 are reproduced below:

Circular dated 29.1.2007

“No.F.30-3(28__/(Co-ord./2006/680-703 Dated: the 29th January,2007

NOTIFICATION

In pursuance of Cabinet Decision No. 1112 dated 2.9.2006, conveyed vide letter No. F.3/3/2004-GAD CN/20491-502 dated 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 of fitness and vigilance clearance, till they attain the age of 62 years or till clearance from Government of India for extending retirement age is received, whichever is earlier. The terms and conditions of re-employment are being notified separately. By order and in the name of the Lt. Governor of the National Capital Territory of Delhi.

Sd/-

Madhup Vyas)

Joint Secretary (Education)

Circular dated 28.02.2007 No. F-30-3(28)/Coord/2006/3/637-72

Dated:28.2.07

ORDER

In continuation of this office notification No.F-30-3(28)/Coord/2006/1679-703 dated:29th January,2007 regarding automatic re-emplo