$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 1201/2024 & CM APPL. 72899/2024 GOVT. OF NCT OF DELHI AND ORS. .....Appellants Through: Mr. Gaurav Dhingra and Mr.

Shashank Singh, Advocates.

versus N NAGARJUNA RAO & ANR. .....Respondents Through: Mr. Padma Kumar Senior Advocate for R-1.

Mr. T. Bhaskar Gowtham, Advocate for R-2.

CORAM:

HON’BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 19.01.2026

1. The present Appeal is filed against the judgment dated 29.05.2024 (“Impugned Judgment”) passed by the learned Single Judge in W.P.(C) 7240/2019 (“Writ Petition”) allowing the Writ Petition in terms of deeming clause in proviso to Rule 114A of the Delhi School Education Rules, 1973 (“DSER”), which provides that if no approval is received from the Director within thirty days, then the approval would be deemed to have been received after the expiry of such a period. The Impugned Judgment also holds that Respondent No. 1 continued in the service with Navodhya Vidyalaya Samiti (“NVS”) on deputation beyond the sanction period of deputation ending on 15.02.1992 and not joining the parent department after the expiry of the deputation period would not attract Rule 12(2) of CCS (Leave) Rules, 1972 (“Leave Rules”) read along with Rule 26 of CCS (Pension) Rules, 1972 (“Pension Rules”). Accordingly, the period of service of Respondent No. 1 with effect from 01.02.1997 until 01.07.1995 i.e., the date on which NVS absorbed Respondent No. 1, was held to be eligible for computing the pro-

rata pensionary benefit by considering the said period as qualifying service.

2. Respondent No. 1 was appointed as an Upper Division Clerk on 01.02.1977 at Smt. Durgabai Deshmukh Memorial Senior Secondary School, New Delhi, which is an aided school controlled and managed by Andhra Education Society (“Andhra School”), a linguistic minority.

3. Respondent No. 1 was selected by NVS, which is under the Ministry of Human Resources Development (DoE), for being appointed on deputation to the post of Office Superintendent in NVS School vide offer of appointment dated 16.06.1990 on the condition that the deputation on transfer would be for a period of two years, subject to Respondent No. 1’s lien on the post held in Andhra School for the said two years and, thereafter, he would be repatriated / taken back on or before the expiry of normal deputation period of two years.

4. Additionally, NVS School also reserved the right of accepting or rejecting retention of Respondent No.1’s services on permanent basis after or before the expiry of deputation period. Accordingly, Respondent No. 1 was relieved of his duties at Andhra School and joined NVS School on 31.07.1990. Andhra School obtained due sanction and approval from Appellant No. 2 for sending Respondent No. 1 on deputation to NVS School for a period of two years. Initially, Andhra School kept the lien of Respondent No. 1 on the previous post for a period of two years and, subsequently, it was extended from time to time on specific request of NVS. During the extended period of deputation, repatriation order was issued on 17.03.1994 terminating the deputation on 13.09.1994, however, upon the request of Respondent No. 1 for an extension of deputation by six months, NVS School withdrew the repatriation order. Thereafter, further extensions were sought by NVS School and acceded by Andhra School till 11.10.1995. In the meanwhile, Respondent No. 2 refused his consent for promotion to the post of Head Clerk in Andhra School as he had given his consent for absorption in NVS School on 09.11.1995.

5. On 05.02.1996, NVS School issued Memorandum seeking willingness of Respondent No. 1 to be absorbed in NVS and, if agreed, tender technical resignation to Andhra School with effect from 30.06.1995. On 28.02.1996, Respondent No. 1 submitted his technical resignation to NVS and the same was forwarded to Andhra School. On 16.03.1996, Andhra School accepted the technical resignation of Respondent No. 1 with effect from 30.06.1995, w