Re-employment of Teachers/Vice Principals beyond age of 62 Years-DOE Decision in compliance to the above said direction of the Hon'ble Central Administrative Tribunal, Principal Bench, New Delhi.

The DOE  has  issued ORDER reg. Re-employment of Teachers/Vice Principals beyond age of 62 Years-DOE Decision in compliance to the above said direction of the Hon'ble Central Administrative Tribunal, Principal Bench, New Delhi. The Text matter of which is given below:-

For more information visit : www.edudel.nic.in

GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI

DIRECTORATE OF EDUCATION: 
(SECRETARIAT EDUCATION BRANCH)

OLD SECRETARIAT, Delhi-110054

    

  No.-F.31(118)/SB/Edn.2014/1241-68                                          Date 19-09-2014

ORDER

Whereas the Cabinet of Delhi Government had taken a decision No. 2068 on 02/09/2013 conveying vide letter no. F/3/2/2011-GAD/CN/Pt.flie-1/dsgd III/4116-4127 dated 4.9.2013 (Annexure-A) stating that " The Cabinet considered the note of Pr. Secretary (Education) and approved the proposal contained in paras-VIII (a) to (f) of the Cabinet Note. The Cabinet decided that the approval of Government of India be obtained subsequently. The re-employment will not be automatic but subject to vigilance clearance, fitness, performance, work and conduct, and on a year to year basis based on annual contract and linked with vacancies".

And whereas before the aforesaid decision of the cabinet the administrative virws of the Services Department, Law Department and Finance Department of Govt. of  N.C.T. of Delhi were taken by the Directorate of Education, Govt. of NCT of Delhi.

And Whereas the Services Department of Govt. of NCT of Delhi vide their letter dated 28.08.2013 viewed that 'Services conditions of employees of that Government are governed by the rules in vogue in the Central Government. Therefore, any change in these conditions, including that of re-employment would require the approval of Government of India. Further, Department of Personnel & Training, Govt. of India vide its O.M. dated 09.12.2002 lays down that "No proposal for employment a Government Servant beyond the age of superannuation of 60 years shall be considered. It is also clarified that no person can be appointed/re-appointed to Central Government service after the age of 60 years shall be considered. It is also clarified that no person can be appointed / re-appointed to Central Government service after the age of 60 years through contract". Therefore, Services Department has view that approval of the Govt. of India should be taken before the decision to offer re-employment to teachers on the terms and conditions mentioned in the cabinet note is given effect.

And whereas the Law Department of Govt. of NCT of Delhi Vide their U.D letter dated 29.08.2013 viewed that "The draft revised cabinet note has been examined. The policy with regard to the re-employment of pensioners has been laid down by the Govt. of India, Ministry of Finance, O.M. dated 18.06.1977 and MHA (DP & AR) OM dated 01.12.1983. The said OMs provide the criteria for re-employment of the pensioners. For the re-employment against the posts in Group A and Group B in a Union territory, the matter needs to be referred to the Establishment Division of The DoPT for their concurrence before such proposal are approved by the Minister-in-Charge of the administrative Ministry. The NCT of Delhi, being a Union Territory, the concurrence of DoPT would be required before re-employment of any pensioner."

And whereas, the Law Department of Govt. of NCT of Delhi, vide their above referred U.O. letter also viewed that as per Govt. of India, DoPT OM No.25012/2/97-Estt(A), dated 13.06.1998, there is a complete ban on extension in service beyond the age of superannuation except in the case of medical and scientific specialists who can be granted extension in service on  case to case basis up to the age of 62 years. Therefore, the proposal of the administrative department is not in accordance with the said OM.

And whereas the Finance Department of Govt. of NCT of Delhi vide their note dated 29.08.2013 viewed that "As per existing instruction/orders of the Govt. of India, there is a total ban on the re-employment and it may also submitted that as per FR-56(a), every Government Servant shall retire from service on the afternoon of the last day of the month in which he attains the age of sixty years. As per FR-56(d), no Government Servant shall be granted extension in the service beyond the age of retirement of sixty years. It may also be submitted that as per the provisions laid down in Govt.  of India's decisions No. 1 below Rule 2 of CCS (Pension) Rules, the employee of the Delhi Administration in the matter of pensionary matters are governed by the CCS (Pension) Rules, 1972. It may be added that the employees of Government of NCT of Delhi are under the terms and reference of Central Pay Commission and accordingly, the recommendations made by Central Pay Commission are duly accepted by the Govt. of India are automatically applicable to the employees of Govt. of Delhi."

And whereas, accordingly, the matter was placed before the Hon'ble Lt. Governor, Delhi who approved the same with the observations that " The situation is piquant because despite the advice of the concerned departments the Cabinet has approved the proposal and the necessary announcement has been made. In view of this I would not wish to overrule the decision of the Cabinet. However, it remains necessary for the GNCT of Delhi to now get the post-facto approval from the Government of India. Efforts may please be made to get this approval."

And whereas, accordingly, the Department issued the Notification dated 24.09.2013 (Annexure-B) in which it was clearly mentioned that " As per directions of the Hon'ble Lt. Governor, Delhi, the post-facto approval from the Govt. of India remains necessary."

And whereas, accordingly, the Department vide a letter dated 28.11.2013 followed by a reminder dated 16.01.2014 has referred the matter to Ministry of Home Affairs, Govt. of India with the request that the approval of the Department of Personnel and Training (DoPT) on the subject matter may be obtained. The approval of Govt. of India is still awaited.

And whereas in the meanwhile, the draft terms and conditions have been refereed to Finance Department for vetting the same. The Finance Department returned the case file with the observations that "FD feels that the issue of Notification dated 24.09.2013 without the approval of the Govt. of India is not in accordance with the approval accorded by the Hon'ble Lt. Governor, Delhi. Since there is a total ban on re-employment, it would be appropriate to seek the post-facto approval of the Govt. of India in the instant case before issuing any terms and conditions."

And whereas, on 29.05.2014, Sh Dharam  Singh retired Vice-Principal filed an O.A. No. 2132 of 2014 titled "Sh. Dharam Singh Versus Chief Secretary of NCT of Delhi and others' before the Hon'ble Central Administrative Tribunal, Principle Bench, New Delhi praying that Govt. of NCT of Delhi be directed to considered the case of the applicant in terms of Cabinet Decision dated 02.09.2013 and in terms of the notification dated 24.09.2013 for re-re-employment up to the age of 65 years.

And whereas, the Hon'ble Central Administrative Tribunal, Principal Bench New Delhi vide oral order dated 17.07.2014 disposed off the said O.A. No. 2132/2014 without going into the merits of the case by directing the respondents to considered the representation dated 27.01.2014 of the applicant, in accordance with the law and rules, and to pass a reasoned and Speaking Order thereon within one month from the date of receipt of a copy of this order.

And whereas accordingly the undersigned is inclined to pass the order in compliance to the above said direction of the Hon'ble Central Administrative Tribunal, Principal Bench, New Delhi.

Therefore, in view of the above facts and circumstances, i am of the view that the said Cabinet Decision requires the approval of Govt. of India before the same is implemented in Govt. Schools/Aided Schools of Delhi Government. Since the decision of Govt. of India is still pending, all the parties are informing that, as and when the decision is communicated by the Govt. of India appropriate action will accordingly be taken by this Department.

This issues with the prior approval of the Principal Secretary (Education)

Sd/ Padmini Singla

(PADMINI SINGLA)

DIRECTOR (EDUCATION)