Resident Of J-7/23 vs Sister Nivedita School on 27 August, 2016
Further, Ld. counsel for the Defendant also had
raised an argument that Rule 110(2) cannot apply to the Plaintiff, since she was not a
teacher but the Head Mistress of the School. In this context, perusal of section 2(w) of the
DSE Act becomes relevant, which defines the word 'teacher' to include the head of the
school. Thus, Rule 110 will apply not only to every teacher but also the Head of the School
and hence, it is applicable even to the Plaintiff in the present case. The Hon'ble Delhi High
Court in this regard in the case of Manohar Lal v. Govt. of NCT of Delhi & Ors. 2013 SCC
OnLine Del 3529 also clarified the true position of law, wherein confusion was caused,
since sub-rule (1) of Rule 110 states that age of retirement as 58 years for all employees
but for employees who are teachers the proviso provides for extension by 2 years from the
age of 58 years to 60 years, however sub-Rule 1 of Rule 110 which has been
subsequently amended enhances the age of retirement of a teacher to 60 years itself. The
relevant para of the judgment is reproduced below: