Back
DELHI HIGH COURT
RAJIV SAHAI ENDLAW, SANJEEV NARULA
Vinod Kumar Soran – Appellant
Versus
Delhi Public School – Respondent
| Table of Content |
|---|
| 1. overview of the appeal and court appearance. (Para 1 , 2) |
| 2. appellant's employment history and re-employment denial. (Para 3 , 10) |
| 3. court's stance on lawyer decisions affecting clients. (Para 4 , 7) |
| 4. notifications regarding rights of teachers for re-employment. (Para 9 , 16) |
| 5. discussion on consideration vs. right of re-employment. (Para 11 , 12 , 18 , 19) |
| 6. final ruling and costs related to the appeal. (Para 14 , 22 , 23 , 25) |
JUDGMENT
[VIA VIDEO CONFERENCING]
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(i) the order dated 14th February, 2020 of the Single Judge, dismissing W.P.(C) 1723/2020 preferred by the appellant as withdrawn, with liberty to the appellant to initiate such other actions as may be available to the appellant in accordance with law; and, (ii) the order dated 16th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 Delh
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 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 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....
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....
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....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
