GOVERNMENT OF NCT OF DELHIDIRECTORATE OF EDUCATION

(SECRETARIAT EDUCATION BRANCH)ROOM No. 223, OLD SECRETARIAT,

DELHI - 110054.

No. F.31(118)ISBIEdn.20141111, \ - b ~ORDER

Dated: I 'l [9 ./, LL '

Whereas the Cabinet of Delhi Government had laken a decision No 2058on 02.09.2013 conveying vide leiter nO.F31212011-GADICNIPUile-lidsgad11114116-4127dated 4.9 2013 (Annexure-A) stating that "The Cabinetconsidered the note of Pr. Secretary (Education) and approved theproposal contained in paras-VIII (a) to (f) of the Cabinet Note. The Cebinetdecided that the approval of Government of India be obtainedsubsequently. The re-employment will not be automatic but subject tovigilance clearance, fitness, performance, work and conduct and on a yearto year basis based on annual contract and linked with vacancies".

And whereas before the aforesaid decision of the cabinet, theadministrative views of the Services Department, Law Department and FinanceDepartment of Govt. of N.CT of Delhi were taken by the Directorate o:Education, Govt of NCT of Delhi

.And whereas the Services Department of Covt of NCT of Delhi Vide their

leiter dated 28.08.2013 Viewed that "Service conditions of employees 01 thisGovernment are governed by the rules in vogue In the Central GovernmentTherefore, any change In these conditions inciudinq that of re-employment,would require the approval of the Government of India. Further, Department atPersonnel & Training, Govt of India vide its OM. dated 09.122002 lays downthat "No proposal for employing a Government Servant beyond the age 01

superannuation 01 GOyears shall be considered. It IS also clarified that no persorcan be appointed I re-appointed to Central Government service after the age 0160 years through contract." Therefore, Services Department has a view thatapproval of the Govt. of India should be taken before the decision to offerre-employment to teachers on the terms and conditions mentioned in tilecabinet note is given effect.

And whereas the Law Department of Govt. of NCT of Deihl Vide their U 0leller dated 2908.2013 viewed that "The draft revised cabinel note has beenexamined The policy with regard to the re-employment of pensioners has beenlaid down by the Gov!. of India, Ministry of Finance, a.M. dated 18.05.1977 andMHA (DP & AR) OM dated 01.12.1983. The said OMs provide the criteria for reoemployment of the pensioners For the re-employment against tile posts inGroup A and Group B in a Union territory, the matter needs to be referredc:the Establishment Division of the DoPT for their concurrence before

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such proposal are approved by the Minister-in-Charge of the administrativeMinistry. The NCT of Delhi, being a Union Territory, the concurrence ofDoPT would be required before re-employment of any pensioner."

And whereas, the Law Department of Govt of NCT of Deihl vide theirabove referred U.O letter also viewed that as per Govt of India, DoPT OM No25012/2/97-Estt(A) dated 1305.1998, there is a complete ban on extcnslon Inservice beyond the age of superannuation except in the case of medical andscientific specialists who can be granted extension In service on a case to casebasis upto the age of 62 years. Therefore, the proposal of the administrativedepartment is not in accordance with the said OM.

And whereas the Finance Department of Govt of NCT of Delhi vide theirnote dated 2908.2013 viewed that "As per existinq instructions / orders of theGovt of India, there is a total ban on the re-employment and it may alsosubmitted that as per FR - 56(a), every Government Servant shall retire fromservice on the afternoon of the last day of the month in which he attains the ageof sixty years. As per FR - 56 (d), no Government Servant shall be grantedextension in the service beyond the age of retirement of sixty years It may alsobe submitted that as per the provisions laid down in Govt of India's decisions No1 below Rule 2 of CCS (pension) Rules, the employee of the DeihlAdministration in the matter of pensionary matters are governed by the CCS(Pension) Rules, 1972 It may also be added that the employees of Govemmenlof NCT of Deihl are under the terms and reference of Central Pay Commissionand accordingly, the recommendations made by the Central Pay Commission areduly accepted by the Govt of India are automatically applicable to the employeesof Govt of NeT of Deihl."

And whereas, accordingly, the matter was placed before the Honble UGovernor, Delhi who approved the same with the observations that 'Thesituation is piquant because despite the advice of the concerneddepartments the Cabinet has approved the proposal and the necessaryannouncement has been made. In view of this I would not wish to overrulethe decision of the Cabinet. However, it remains necessary for the GNCTofDelhi to now get the post-facto approval from the Government of India.Efforts may please be made to get this epprovet'.

And whereas, accordingly, the Department issued the Notification dated2492013 (Annexure-B), in which it was clearly mentioned that "As perdirections of the Hon'ble Lt. Governor, Delhi, the post-facto approval fromthe Govt. of India remains necessary".

And whereas, accordingly, the Department vide a letter dated 28 11.2013followed by a reminder dated 16.01.2014 has referred the matter to Ministry ofHome Affairs, Govl. of India with the request that the approval of the Departmenl

of Personnel and Training (DoPT) on the subject matter may be obtained Theapproval of Gov!. of India is still awaited.

And whereas, in the meanwhile, the draft terms and conditions have beenreferred to Finance Department for vetting the same. The Finance Departmentreturned the case file with the observations that "FD feels that the issue ofNotification dated 24.9.2013 without the approval of the Govt. of India is notin accordance with the approval accorded by the Hon'ble t.t.Governor,Delhi. Since there is a total ban on re-employment, it would be appropriateto seek the post-facto approval of the Govt. of India in the instant casebefore issuing any terms and conditions".

And whereas, on 29.05.2014, Sh. Dharam Singh retired Vice-Principalfiled an OA No. 2132 of 2014 titled "Sh. Dharam Singh Versus Chief Secretaryof NCT of Delhi and Others" before the Hon'ble Central Administrative Tribunal.Principal Bench, New Delhi praying that Covt. of NCT of Delhi be directed toconsider the case of the applicant in terms of Cabinet Decision dated 0209.2013and in terms of the notification dated 24.09.2013 for re-employment upto the ageof 65 years.

And whereas, The Hon'ble Central Administrative Tribunal, PrincipalBench, New Deihl vide oral order dated 17072014 disposed off the said O.ANo. 2132 / 2014 without going into the merits of the case, by directing therespondents to consider the representation dated 27.01.2014 of the applicant, Inaccordance with the law and rules, and to pass a reasoned and Speaking Orderthereon 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 Incompliance to the above said direction of the Hon'ble Central AdministrativeTribunal, Principal Bench, New Delhi

Therefore, in view of the above facts and circumstances, I am of the viewthat the said Cabinet Decision requires the approval of Govt. of India before thesame is implemented in Govt. Schools/Aided Schools of Delhi GovernmentSince the decision of Gov!. of India is still pending, all the parties are informedthat, as and when the decision is communicated by the Gov! of India,appropriate action will accordingly be taken by this Department.

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

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(PADMINI SINGLA)DIRECTOR (EDUCATION)

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No. F.31(118)/SB/Edn.2014/Illti-C &- Dated: \119) 14.-Copy to the following for information and necessary action to:-

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OSD to the U Governor of Delhi, Rajniwas, Deihl 110054.OSD to Chief Secretary, Govt. of NCT of Delhi, 5'" Floor, Delhi Secretariat,I P Estate, New Delhi - 110002.PS to Principal Secretary (Finance I Law I Services), Gov!. of NCT ofDelhi, Delhi Secretariat, IP Estate, New Delhi - 110002PS to Secretary (Education)/DE/Addl. DE (Admn.), Dte of Education, OldSecretariat, Delhi - 110054.Asstt. Director of Education (Planning), Direclorate of Education, Gov!. 01NCT of Deihl, Tirnarpur, Deihl - 110007.All DOEs of Directorate of Education, Govt. of NCT of DelhiThe Principal Registrar, Central Administralive Tribunal, Copernicus Marg,New Delhi-110001 with reference to the directions of Hon'ble Tribunaldated 17.07.2014 In OA No. 2132 I 2014 titled as Dharam Singh VsChief Secretary of Govt. of NCT of Deihl and Drs.Sh Sh. Dhararn Singh slo Late Sh. Hemla rio House No. 292, Near HappyMedical Store, Village and Post Office - Bali, Delhi - 110042.Incharge, Computer Cell, Directorate of Education, Govt of NCT of Deihl,Old Secretariat, Delhi- 110054 with the request to upload the same on thewebsite of department.

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(A, K, GAMBrllR)ASST,DIRECTOR (EDUCATION)

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proposal for extenstcn 0:' ;"',0 rn;1J(lnwrn "'\Jr_, CI:~',t)-ernp1oy'nell.l' '(-J T

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The re_emp',(),/lYHmt wiF not be: auloutatlc. \YJt subject to vtqtlance cteata ~u::

fitness, performance. work S condud ewe: 011 a vear 'LiJ Y8Uf basls hElSe(~ 011,:

annual corrlract nnd 111-,i\I::dwith-1J8,;:::,;HlCi\;)$.

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in pursuance of Cabinet D !UI-I 'vo. 205f; (Ideli '~ .09.20-[3 s~:,~,'~illqthai:"The Cabinet considered tho note of 1:)1'SrO!::n::I:::H'y'iC:ci'_:C:;o)'::'~'i-l: ~:1IKi~lPPI-(\V8c!theproposalcontau-ec ill paras-Vl!l (a) to U) the Cabinet Note. Th3 C::11J!11I~t

decided tnat. the approval of Covernmenl of India be obtained subsequently There-employment will not be automatic. but subject to vi~:rll:;<:;[:e clearance, fitness,performance, work 8, conduct and on d to ye:::i lJ;l!C,i~~IJ:.':;::;ed O,-! annual('OI'C',":'I',J., -",,',c']'1;",1(,''':] 10/il'I', \I':'("'~"(';"S" ['("'",:,,,,(,,[-1 ""0'" letter h:" 1:::- ':;1'1/')"']"_J c, ,l ,_ ,'," ,-",' .. ' '( ..' .-"__' , ,Il.,,_ ,~\Il~), .. ,. v _' '-._" _' ,\,,-, , ~IL '__<, I

CAU/CI\J/PLFile-1/clsO;:tc!-111/4'1'!(-)-4'127 dc\teci 04.0U >~D;i:::, H-IE' l-ion'ble I_t,(?,OV8ITlOI' of GO\!l. or NeT or Delhi i~;pleased lo allow iI~--ftaplovment of teachersof all catecortcs ii-I Cov., aile:! (;0\11. aided SCiHK,f'~ under the Directorale ofEducation,elnci shan furlht;ir be qoverned as under as per decision of the CabinetAs per directions of the Hon'bie L.C;., Delhi, the pci.l-tacto :Ji:'IJiO"'J',l! fl-OITI u-e COVl,ol India remains 1l8CeSSrll'Y

(a) ft:1c,ICI181"S. of all cateqcrics [I'! (~X\vL ,:,H1d Covt Aided 'Schools under lheDirectorate of Education WII] be e:;!;i:)ie!m I'" .emplovrneot UI)!:O ;'1 In;:lxiITIUITl,aqe of 65 years.

(b) However, re-emptovner.' 0(' teachers otter cHJC of (,2 vears INII! be forone-year at a lime upto ;_'1maxirnurn aqo of 55 }."c:_:1I'~'

(c) Re-employment of lec:!cl-llTj ~.".Iiii not :;'!l! !ll,'I[:C and will be subject totheir; belWJ found to be' suitable III a!i reo Suitabilitv vv11ibedetermined on tile basis of theil' performance reports/annual COI1I'Ic!c,nl:d!

ICiJOI-t",:worl\ and conciuct cel'lll'!c;,:;[e "Inc! :nle~Jrily cc, ~;!1cate ar.r' 'Jll tile:I'being .declarect rneciic,ally fil:.

(d) Re-employment, either Oil the fii-~:;IUC:C1:;iOli 01- on st.bsequenl OCC~lSIOi'I::,

Will not be ;::11'1cutomauc l'iU1"t cOIII(:"II'\~~d upon teachers.

(0) Fz(-?'·,(.::!rnployrnent of tile t(-=!;olcilel-s wi!l D\:~'iii-d",:::ci,lei IJK' vacancy pos.lion andteachers may be re-employed OI1['V aqainat: \/;£;1 i-I posts hlrthel', if thedepa.lment is able to fill up the vacant posts of teachers O!-I a requiarbasis, the 'tenure of <::1re-employed teacl-er would 1::1:'" Cl::"_diit:'cl OI-li:IICprinciple of ':lirsl' in li"rsl 'uut"

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The re-employed teachers wil! have :0 slg(\ :;J!i annual contract with n-oDeparhnent-wherein the terms (~Pld conditions o" their emp'oyment will beclearly stipulated

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The Secretary to Lieutenant C-::;OVEI'~,'n'-uf 1]1)1"11, Covt. 01' NeT of Delhi.The Principal .Secretury to inc Chid Mituster of Oovt. of NCT of Delhi.The Gecl'elary to ti1e Minist,,,,: of Education. Oov'. 01 i\'CT or Delhi.Tile Secretary to tl!,.:~ Mil1iste:' of Hc.ulh g I-:amily vvettare f P8venue fUrban & Develoument r Food & SIlPPU~:S/ Transport, GNCT of Deihl.The PI'. Secretary. Lev. Justice ~~Legislative Affairs Department. C;ov\" ofNeT of DelhiThe Pro Secretary. Land add !';:~''::I_,Deptt., B-Block, vikas Bh8V;)~\UJ.Estale, New Deihi.The Pr ..Secretary (Education), Oovt. or NeT or De1l11.·The OSD to thl' Chief Seen-tory of C':wi. of NeT of Delhi.The Director of Education, Oovt. of :<CT or DelhiThe Pro Secretary (Services), Govt. or' NeT of DeHli.The Pro Secretary (Finance), Oovt. of NeT of De'ti'TheDirector. Dl13. of u-tornu.t.on J:"l -'ublicily, Govt. 01:t\CT of De!hiGeneral Adrnirustration Dep.u'truenl (Co-ordination), Gov. .. of NeT of Delhi,in dupucate, for pl.!blio.~atio:1.n the Dotlu Gazette. Pdfl' - 1\1 (Exhaordiuary).Five copies of the Onzcttr- i1lJY I_ded:.:;ebe supplied to uus departmentseparately for office record '.~une.Lanquaqe Department, Oov; cr NC'T 01"Deihl 101"n-e.r record.:AI! Add). D.Es.lRDEs/Ol.Jc:'., Dtc.:::> "ducntion. Ocv; of NeT of Delhi.Hindi Officer, Lanquaqe Department, (;NCToI Deih: tortranslationADE (IT) wilh direction Lf."1 upio;::r:i tile Cll"C!OI on Ulr:~ VVeb--sitC' of theDepartmentGuard File.

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SPL. D!!:ZECTOR OF EDN.(S.8.)