Back
DELHI HIGH COURT
V.KAMESWAR RAO
Prem Thakran – Appellant
Versus
Government of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. petitioner's request for re-employment post-retirement (Para 1 , 2 , 3 , 4) |
| 2. justifications for denial of re-employment (Para 5 , 6 , 7 , 8) |
| 3. court's analysis of re-employment rights of teachers (Para 9 , 10 , 11 , 12) |
| 4. precedents on judicial review of employment decisions (Para 13 , 14) |
| 5. conclusion: petition dismissed (Para 15) |
JUDGMENT
V. Kameswar Rao, J. (Oral)--The present petition has been filed by the petitioner with the following prayers:
"In the premises delineated hereinabove it is most respectfully prayed that this Hon'ble Court may graciously be pleased:
a) to issue an appropriate writ in the form of Mandamus or any other writ, order or direction thereby directing the Respondents to re-appoint the Petitioner for Five years in view of government notifications and to reject the impugned minutes of meeting of the LMC meeting dated 03.07.2018;
(b) to pass any other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."
2. It is the case of the petitioner and so contended by her counsel that the petitioner retired as Head Mistress/HoS from DAV School, Bawana on May 31, 2016. That on September 2
Re-employment of teachers is at the discretion of the employer and not a vested right; conduct of the teacher must be considered.
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....
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 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....
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....
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....
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
