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DELHI HIGH COURT
V.KAMESWAR RAO
Rambir Singh Malik – Appellant
Versus
Greenfields Public School – Respondent
| Table of Content |
|---|
| 1. petitioner seeks court intervention for re-employment. (Para 1) |
| 2. facts of the petitioner's appointment and retirement. (Para 2 , 4) |
| 3. contentions on the interpretation of rule 110(2). (Para 3 , 5 , 6 , 8 , 9) |
| 4. court considers entitlement for re-employment. (Para 11 , 12 , 19) |
| 5. importance of statutory provisions for continuity in education. (Para 13 , 14 , 15 , 17 , 18) |
| 6. court orders re-employment and back wages. (Para 20) |
JUDGMENT
V. Kameswar Rao, J. 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 & 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 ma
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....
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....
Re-employment of teachers is at the discretion of the employer and not a vested right; conduct of the teacher must be considered.
Writ jurisdiction under Article 226 is maintained only when a private dispute involves a public law element; the petitioner was entitled to re-employment under statutory provisions.
The court emphasized that the applicability of government orders with retrospective effect and the re-appointment of superannuated individuals are within the executive domain and cannot be directed b....
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