Section 47 in The Delhi School Education Rules, 1973
47. Absorption of surplus [employee] [Substituted by The Delhi School Education (Amendment) Rules, 1990 (w.e.f. 23.2.1990).] etc.
(1)Where as a result of:-(a)the closure of an aided school or any class or classes in any aided school; or(b)withdrawal of recognition from an aided school; or(c)withdrawal of aid from an aided school.any student or employee becomes surplus, such student or employee, as the case may be, [may be absorbed] [Substituted by The Delhi School Education (Amendment) Rules, 1990 (w.e.f. 23.2.1990).] as far as practicable, in such Government school or aided school as the Administrator may specify :Provided that the absorption in Government service of any employee who has become surplus shall be subject to the availability of a vacancy and shall be subject further to the condition that the concerned employee possesses the requisite qualifications for the post and has not been retrenched by the management of the aided school on any ground other than the ground of closure of the school or any class or classes of the school, or withdrawal of recognition or aid from the school:Provided further that where any such surplus employee is absorbed in a Government school, he shall be treated as junior to all the persons of the same category employed in the Government Schools on the date immediately preceding the date on which he is so absorbed, and where such surplus employee is absorbed in an aided school, he shall rank as junior to all the persons of the same category employed in that school on the date immediately preceding the date on which he is so absorbed.(2)Where any surplus [employee] [Substituted by The Delhi School Education (Amendment) Rules, 1990 (w.e.f. 23.2.1990).] is absorbed under sub-rule (1):-(a)the salary and other allowance last drawn by him at the school from which he has become surplus shall be protected;(b)his provident fund account shall be transferred to the school in which he is so absorbed, and thereupon such provident fund shall be governed in accordance with (he rules and regulations in force in that school in relation to provident fund; and(c)the period of his qualifying service in the school in which he had worked before such absorption and any previous period of qualifying service, if any, in any recognised aided school in Delhi shall be taken into account for the purpose of computing his pension and other retirement benefits.(3)Without prejudice to the provisions of sub-rules (1) and (2), where an [employee] [Substituted by The Delhi School Education (Amendment) Rules, 1990 (w.e.f. 23.2.1990).] becomes surplus by reason of the closure of any class or section thereof or the discontinuance of the teaching of any subject, such [employee] [Substituted by The Delhi School Education (Amendment) Rules, 1990 (w.e.f. 23.2.1990).] [may be absorbed] [Substituted by The Delhi School Education (Amendment) Rules, 1990 (w.e.f. 23.2.1990).] in the first instance, as far as practicable, in such Government or aided school as the Administrator may specify, and if the class or section which was closed is reopened by the former school or if any new class or section thereof is opened by such school or if the subject, the teaching of which was discontinued, is re-introduced by such school, or strength of the [staff] [Substituted by The Delhi School Education (Amendment) Rules, 1990 (w.e.f. 23.2.1990).] of the former school is increased, such [employee] [Substituted by The Delhi School Education (Amendment) Rules, 1990 (w.e.f. 23.2.1990).] shall be reabsorbed in the former school; but if such re-absorption does not take place within a period of five years from the date of absorption of such [employee] [Substituted by The Delhi School Education (Amendment) Rules, 1990 (w.e.f. 23.2.1990).] in the Government or aided school, such [employee] [Substituted by The Delhi School Education (Amendment) Rules, 1990 (w.e.f. 23.2.1990).] shall be regularly absorbed in such Government or aided school, as the case may be.(4)Re-absorption of a [employee] [Substituted by The Delhi School Education (Amendment) Rules, 1990 (w.e.f. 23.2.1990).] in a former school shall not affect his continuity of service or his seniority in relation to that school or his emoluments, provident fund, gratuity and other retirement benefits.Explanation.- For the purposes of sub-rules (3) and (4), "former school" means (he school from which an [employee] [Substituted by The Delhi School Education (Amendment) Rules, 1990 (w.e.f. 23.2.1990).] had become surplus.
