Samar Chakravarty v. Director of Education, Govt. of NCT of Delhi and Anr.

1. Petitioner is an employee of the respondent No.2-school, which is an aided school i.e 95% of the finances are provided by the Government of NCT of Delhi.

2. Petitioner seeks re-employment from the age of 60 years to 62 years. That a person can be re-employed from 60 to 62 years subject to 2013:DHC:4356 fitness and vigilance clearance is clear from the circular of Government of NCT of Delhi dated 29.1.2007. In fact, this aspect has been considered by a learned Single Judge of this Court in the case of Shashi Kohli Vs. DOE (2011)179 DLT 440 and which judgment has been upheld by the Division Bench in LPA Nos.414/2011 and 415/2011decided on 28.3.2012. Therefore, petitioner is entitled to be considered and entitled to know the reasons as to why he should not get benefit of circular dated 29.1.2007.

3. So far as the aspect that even the Librarians are teachers, this becomes clear from the circular of the Government of NCT of Delhi dated 21.1.2011. Petitioner who is a Librarian also will be entitled to the benefits of the circular. In fact, I have had an occasion to consider a similar issue in the case of Nutan Gulati Vs. Director of Education and Ors. in W.P.(C) No.109/2013 decided on 9.7.2013 wherein I have by placing reliance upon the judgment in the case of Shashi Kohli (supra) given the benefits to the Librarians appointed in schools.

4. In view of the above, it is directed that the present writ petition be treated as a representation to the respondent No.1 for re-employment of the petitioner upto 62 years and the respondent No.1 will now dispose of this representation by a speaking order within a period of three weeks from today, and in terms of the circular and earlier judgment of this Court referred to. Copy of the speaking order be sent to the petitioner and his counsel by the Director of Education or his nominee.

5. Writ petition is disposed of with the aforesaid observations.

SEPTEMBER 03, 2013 VALMIKI J. MEHTA, J. Ne