Central Administrative Tribunal - Delhi
Smt. Vidya Wati Sharma vs Govt. Of Nct Of Delhi on 6 November, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH OA 1169/2012 New Delhi this the 6th day of November, 2012 HONBLE MR. G. GEORGE PARACKEN, MEMBER (J) HONBLE MRS. MANJULIKA GAUAM, MEMBER (A) Smt. Vidya Wati Sharma, W/o Sh. Gopi Chand Sharma, R/o H. No. C-310, Suraj Mal Bihar, Near Anand Vihar, Delhi. Applicant. (By Advocate Shri Yogesh Sharma) Versus 1. Govt. of NCT of Delhi, through The Chief Secretary, Players Building, I.P. Estate, New Delhi. 2. The Secretary, Department of Labour Welfare & Employment, Govt. of NCT of Delhi, New Secretariat, New Delhi. 3. The Labour Commissioner, Govt. of NCT of Delhi, 5, Shyam Nath Marg, New Delhi. Respondents. (By Advocate Mrs. Alka Sharma) O R D E R (ORAL)
Shri G. George Paracken:
The applicant was initially appointed as a Nursery Teacher w.e.f. 07.08.1978 in the school run by the Department of Labour, Govt. of NCT of Delhi under Deputy Labour Officer (North East) Jhilmil. She retired from service on 31.07.2011 on completion of 60 years of age.
2. The Govt. of NCT of Delhi has taken a cabinet decision on 08.09.2006 to grant automatic re-employment to all the retiring teachers upto the PGT level till they attain the age of 62 years. The aforesaid decision was notified by the Directorate of Education vide Notification dated 29.01.2007 and now in the Directorate of Education teachers are working till the age of 62 years after enjoying the additional two years automatic re-employment.
3. Since the teachers working in schools under the Directorate of Social Welfare were not granted similar automatic re-employment, some of them have approached this Tribunal in OA 2317/2008 seeking a direction to the respondents to extend the same benefit to them also. The said OA was decided by this Tribunal on 24.02.2009 with a direction to the respondents to take a decision in the matter with regard to the automatic re-employment. Pursuant to the said direction, the respondents have issued a Notification dated 25.06.2009 enhancing the age of retirement of the teachers in Social Welfare Department from 60 to 62 years by way of automatic re-employment.
4. The submission of the applicant is that since she is also a teacher working in the Department of Labour and Welfare under the same Govt. of NCT of Delhi, the respondents should have extended the same benefits to her and all other similarly placed persons by enhancing the retirement age from 60 to 62 years by granting automatic re-employment.
5. The respondents have filed a reply opposing the aforesaid submissions of the applicant. They have also stated that since the teachers working under the Labour Department are not covered by any of the cabinet decision, the relief sought by the applicant in this OA cannot be granted.
6. We have heard Shri Yogesh Sharma, learned counsel for the applicant and Ms. Alka Sharma, learned counsel for the respondents. The learned counsel for the applicant Shri Yogesh Sharma has very fairly submitted that in the absence of any Notification to the extent that the teachers working in the Directorate of Labour and Welfare are covered by any of the cabinet decision they cannot be allowed to continue till the age of 62 years as in the case of the teachers in the Directorate of Education and Directorate of Social Welfare and the respondents may not be in a position to grant the relief sought by the applicant in this OA. However, he has submitted that she being a similarly placed person like the teachers under the Directorate of Education and the teachers under the Directorate of Social Welfare, is also entitled for the same benefit of automatic re-employment.
7. We have considered the submissions of the learned counsel for the parties. We do find merit in the submission of the learned counsel for the applicant. Since the Govt. of NCT of Delhi has not issued any Notification granting automatic re-employment to the teachers working under the Department of Labour, the applicant is not entitled for automatic extension of two years after her retirement. However, the respondents should consider the request of the applicant and take a decision in the matter. We, therefore, dispose of this OA with a direction to the respondents to consider the case of the applicant and similarly placed persons working under the Labour Department to see whether the similar benefit of automatic re-employment can be granted as in the case of the teachers working under the Directorate of Education as well as in the Directorate of Social Welfare. As the applicant has already retired from service on 31.07.2011 and two years extension if granted will also expire on 31.07.2013, we direct the respondents to take a decision in the matter as early as possible but in any case within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs.
(MRS. MANJULIKA GAUTAM) (G. GEROGE PARACKEN)
MEMBER (A) MEMBER (J)
`SRD