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DELHI HIGH COURT
RAJIV SHAKDHER, JASMEET SINGH
Dibban Lal Sharma – Appellant
Versus
Govt. of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. re-employment not guaranteed post superannuation. (Para 1 , 2) |
| 2. tribunal upheld respondents' decision on suitability. (Para 3 , 4) |
| 3. no entitlement to emoluments for non-re-employment. (Para 5 , 6) |
| 4. writ petition dismissed. (Para 7 , 9) |
| 5. suggestion for re-employment policy noted. (Para 8) |
JUDGMENT
[Physical Hearing/Hybrid Hearing (As per request)]
Rajiv Shakdher, J. (ORAL):--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
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....
The court emphasized the right to a remedy when procedural dismissals hinder substantive adjudication, mandating that cases should be heard on their merits.
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....
Teachers superannuating mid-academic session entitled to re-employment till June 30 under university statutes; provision applies universally; post-superannuation amendments prospective, cannot divest....
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.
The right to receive pension as property under article 300(a) of the Constitution of India and the State's obligation to release retiral dues.
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