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