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RAJIV SAHAI ENDLAW, SANJEEV NARULA
Vinod Kumar Soran – Appellant
Versus
Delhi Public School – Respondent
JUDGMENT
Rajiv Sahai Endlaw, J. - The appeal impugns (i) the order dated 14th February, 2020 of the Single Judge, dismissing W.P.(C) 1723/2020 preferred by the appellant as withdrawn, with liberty to the appellant to initiate such other actions as may be available to the appellant in accordance with law; and, (ii) the order dated 16th March, 2020, of dismissal of CM No. 9938/2020, filed by the appellant/writ petitioner before the Single Judge for recall of the order dated 14th February, 2020, and seeks consideration of the writ petition on merits.
2. The senior counsel for the respondents No. 1 & 2 Delhi Public School and Delhi Public School Society and the counsel for respondent No. 3 Directorate of Education Delhi, appear on advance notice.
3. The appellant, a teacher in the subject of Mathematics in the respondent No. 1 Delhi Public School, R.K. Puram, New Delhi, who superannuated from the said school on attaining the age of 60 years on 30th September, 2019, filed the writ petition from orders wherein this appeal arises, impugning the office order dated 16th September, 2019 of the respondent No. 1 School of superannuation of the petitioner as well as the Minutes of Meeting held on
A teacher only has a right of consideration for re-employment beyond the age of superannuation and cannot claim re-employment as a matter of right. Unnecessary interference with the management and fu....
Teachers have no inherent right to re-employment post-superannuation under the Delhi School Education Act, but may expect consideration based on professional merit.
The lack of automatic right of re-employment and the importance of assessing the suitability of the petitioner influenced the court's decision.
The court held that the government may withdraw re-employment provisions for retired teachers according to policy changes, and that no vested rights were violated as re-employment was contingent upon....
Re-employment of teachers is at the discretion of the employer and not a vested right; conduct of the teacher must be considered.
The main legal point established in the judgment is that a policy decision to recall a previous decision, taken in the larger public interest, is valid and not unreasonable. The principle of legitima....
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 sup....
The word 'shall' in Rule 110(2) of the Delhi School Education Rules obligates schools to grant re-employment to teachers who retire after November 1 until April 30 of the following year, ensuring edu....
There is no automatic right to re-employment for teachers post-superannuation if performance evaluations indicate unsatisfactory results, and the decision against re-employment must be based on delib....
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