SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2016 Supreme(Del) 941

SANJIV KHANNA, NAJMI WAZIRI
AMAR SINGH CHAUHAN – Appellant
Versus
GOVT. OF NCT OF DELHI – Respondent


Advocate Appeared:
Mr. S.N. Tripathi and Ms. Ankita Pandey, Advocates.
Mr. Satyakam, ASC for GNCTD.

JUDGMENT :

SANJIV KHANNA, J.

1. Amar Singh Chauhan, in this writ petition has impugned the order dated 28th September, 2015, passed by the Principal Bench of the Central Administrative Tribunal (Tribunal for short) in O.A.No.1977/2014, inter alia, holding that the petitioner, a laboratory assistant, was not entitled to re-employment for a period of two years post his retirement on 31st May, 2014. The reason being that a laboratory assistant was not at par and cannot be equated with teachers/ teaching staff, who were/are entitled to post retirement re-employment.

2. It is an undisputed position that teachers (primary, trained graduate and post graduate teachers etc.) including Vice-Principals, Principals, Head-Masters/Head-Mistress, are entitled to re-employment in terms of the cabinet decision no.113 dated 4.9.2006 conveyed by letter no.F.3/3/2004-GAD/CN/20491-502 dated 8.9.2006 issued by the Lieutenant Governor, Government of NCT of Delhi. Re-employment is subject to fitness and vigilance clearance. The short question is whether a Laboratory Assistant, can be equated, and is a teacher.

3. We do not think that the petitioner, who is working as a laboratory assistant, can be equated












Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top