Point of Law: Education Law - Employment and Re-Employment - Age of Retirement - Proviso to Statute 16.24 (2) carves out an exception to the main provision, inasmuch as it provides that a teacher whose date of superannuation does not fall on June 30, shall continue in service till the end of the academic session i.e. June 30 of the following year and will be treated as on re-employment from the date immediately following his superannuation.

JUDGMENT :

V. KAMESWAR RAO, J.

1. The present petition has been filed by the petitioner with the following prayers:-

“In light of the facts and circumstances set out hereinabove, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to:

(i) Issue appropriate writ/order/directions in the nature of mandamus directing the Respondent No. 1 and 2 to act in accordance with and not in contravention of the Delhi School Education Act and Rules 1973.

(ii) Issue appropriate writ/order/directions in the nature of mandamus directing the Respondent No. 1 to pass orders granting re-employment to the Petitioner in accordance with Rule 110(2) of the Delhi School Education Rules 1973.

(iii) Issue appropriate writ/order/directions in the nature of mandamus directing the Respondent No. 2 to act swiftly on the representation dated December 21, 2020 given by the Petitioner and further direct the Respondent No. 1 to pass orders granting re-employment to the Petitioner forthwith.

(iv) Issue appropriate writ/order/directions in the nature of mandamus commanding the Respondents to pay the costs of this Petition to the Petitioners.

(v) Pass such other orders as may be deemed fit and proper in the facts of the present case.”

2. Some of the facts as noted from the record are, the petitioner was appointed as T.G.T. (Geography), Social Science Department on July 15, 1988 in the respondent No. 1/School. He has served the institution for 32 years before retiring on December 31, 2020. The respondent No. 1/School is a private unaided recognized School.

3. It is the case of the petitioner and so contended by his counsel, Mr. Anmol Panwar that the petitioner gave several representations to the respondent No. 1/School seeking re-employment as per Rule 110(2) of the Delhi School Education Rules, 1973 (‘Rules of 1973’ for short) but received no response. Rule 110 of the Rules of 1973 reads as under:

“110. Retirement age:

(1) Except where an existing employee is entitled to have a higher age of retirement, every employee of a recognised private school, whether aided or not, shall hold office until he attains the age of 58 years. Provided that the managing committee may grant extension to a teacher for a period not exceeding two years in the aggregate, if in the opinion of the managing committee such teacher is fit for such extension and has no mortal or physical incapacity which would disentitle him to get such extension:

Provided further that no such extension shall be granted in the case of a teacher of an aided school except with the previous approval of the Director.

(2) Notwithstanding anything contained in sub-rule (1), every teacher, laboratory assistant, librarian, Principal or Vice-Principal employed in such school shall continue to hold office until he attains the age of 60 years:

Provided that where a teacher, Principal or Vice Principal attains the age of superannuation on or after the 1st day of November of any year, such teacher, Principal or Vice Principal shall be re-employed upto the 30th day of April of the year immediately following.

(3) Notwithstanding anything contained in sub-rule (1) and sub-rule (2) where a teacher, Principal or Vice Principal has obtained National or State Award for rendering meritorious service as a teacher.

Principal or Vice Principal or where he has received both the National and Slate Awards as aforesaid, the period of service of such teacher. Principal or Vice Principal may be extended by such period as the Administrator may, by general or special order, specify in this behalf.”

4. He submits that as per the said Rule, the petitioner is entitled for re-employment till April 30, 2021. According to him, the intention of the said Rule is very clear, inasmuch as to avoid disturbance caused by the retirement and the likely time taken by the schools to make alternative arrangements to fill the vacancy, a teacher is entitled to re-employment till 30th April of the next academic year. This stipulation in the Rules of 1973 h