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RAJIV SHAKDHER, JASMEET SINGH
Dibban Lal Sharma – Appellant
Versus
Govt. Of NCT Of Delhi – Respondent
JUDGMENT
Rajiv Shakdher, J. - This is a writ petition directed against the order dated 06.01.2020, passed by the Central administrative Tribunal [in short 'the Tribunal'] in O.a. No. 3663/2019.
2. This was the second round of litigation for the petitioner before the Tribunal.
2.1. In the first round, by the time the petitioner's O.a. was taken up for final hearing by the Tribunal the two year period accorded for re-employment (albeit after superannuation) had already elapsed. To be noted, the petitioner superannuated at the age of 60 on 30.06.2016. That O.a. was registered as O.a. No. 846/2017, and was disposed of via order dated 22.05.2019. at that point in time, the petitioner had indicated to the Tribunal that although he was not looking for re-employment since the two year period for which he could be re-employed was over, he was desirous of claiming emoluments for that period having been wrongly denied the opportunity of re-employment.
2.2. The Tribunal, thus, directed the respondents to consider the case of the petitioner; whereupon the respondents passed a detailed order dated 04.11.2019. The net result of this exercise was that the petitioner's representation was found devoi
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....
Teachers have no inherent right to re-employment post-superannuation under the Delhi School Education Act, but may expect consideration based on professional merit.
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....
The court emphasized the right to a remedy when procedural dismissals hinder substantive adjudication, mandating that cases should be heard on their merits.
Teachers superannuating mid-academic session entitled to re-employment till June 30 under university statutes; provision applies universally; post-superannuation amendments prospective, cannot divest....
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....
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....
Employees retiring after 30th of June are entitled to continue in service/re-employment till 30th of June of the next year as per Statute 16.24.
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