O.A. No. 553/2013. Case: Shri N.S. Katarya Vs Govt. of NCT of Delhi & Others through The Chief Secretary Govt. of NCT of Delhi, The Director Directorate of Education Govt. of NCT of Delhi and The Deputy Director Dte. of Education Government of NCT. Central Administrative Tribunal
| Case Number | O.A. No. 553/2013 |
| Counsel | For Appellant: Sh. M.S. Reen, Advocate and For Respondents: Sh. Vijay Pandita, Advocate |
| Judges | V. Ajay Kumar, Member (J) and V. N. Gaur, Member (A) |
| Issue | Service Law |
| Judgement Date | May 23, 2014 |
| Court | Central Administrative Tribunal |
Order:
V. Ajay Kumar, Member (J), (Principal Bench, New Delhi)
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The applicant, who retired on 31.07.2011, on attaining the age of superannuation, while working as Principal of the RDJK GB SS School, Bhajanpura, and who was later reemployed on 03.08.2012 at GBSS, Saboli, filed the present OA seeking direction to the respondents to pay the salary for the period from 07.02.2012, on which date he made an application for reemployment, to 03.08.2012, on which date he was finally reemployed by the respondents.
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Briefly stated the applicant retired while working as Principal at RDJK GB SS School, Bhajanpura on 31.07.2011. In pursuance of the Order dated 27.01.2012 (Annexure A5) allowing the reemployment of all the retired Vice Principals/Principals of Govt. and Govt. aided Schools, for a period of one year and extendable for a further period of one year basing on their performance and subject to fitness and vigilance clearance, till they attained the age of 62 years, whichever is earlier, the applicant submitted his application for reemployment on 07.02.2012, and the same was forwarded by the Vice Principal of the RDJK GB SS School, Bhajanpura, on the same day. The respondents, having found the said application incomplete, directed him to furnish certain documents, which were submitted by him on 22.03.2012. But the respondents finally reemployed the applicant only by order dated 03.08.2012. When the applicants representation for payment of salary for the period from 07.02.2012 to 03.08.2012 was unanswered, he filed OA No.3220/2012 which was disposed of on 26.09.2012, directing the respondents to consider his representation and to pass appropriate orders. Accordingly, the respondents passed the impugned Annexure A1 Order dated 22.12.2012, rejecting the claim of the applicant on the ground of 'no work no pay'.
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Heard Shri Manjeet Singh Reen the learned counsel for the applicant and Shri Vijay Pandita, the learned counsel for the respondents, and have been through the pleadings on record.
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Shri Manjeet Singh Reen, the learned counsel for the applicant would submit that once the applicant submitted his application for reemployment on 07.02.2012 and since he was eligible for the same, in terms of the Annexure A5 order dated 27.01.2012, as on the date of his application itself, he is entitled for reemployment from 07.02.2012 itself and hence, the respondents are liable to pay salary to him from the said date till he is actually reemployed, as...
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