Age relaxation to a Guest Teacher, who was not working on the date of advertisement – For appointment on the TGT (Maths) (Male) (Post Code 38/21) in DOE, GNCTD – Central Administrative Tribunal (CAT) held that Guest Teachers in DOE, GNCTD, are governed by the Order dated 27.04.2017, passed by the Hon’ble Lieutenant Governor, Delhi, and not by the Office Memorandum dated 11.06.2019, issued by Services Department, GNCTD – Accordingly, CAT set aside the rejection Order and directed the DOE, GNCTD, to grant age relaxation to the said guest teacher

06.12.2024

Central Administrative Tribunal, Delhi

Directive paragraphs of the Order dated 06.12.2024, passed by CAT are reproduced below for ready reference: -

“9. We have considered the contentions and the submissions and also the pleadings. At the outset, we would like to note that the counter affidavit as filed by the DOE is absolutely silent on the specific averments of the applicant with respect to the order dated 2017, issued by the DOE itself. The very silence of the respondents would show that they don’t have an answer. Further, their reliance on the order 2019 is misplaced since the same concerns the contractual employees, in general, working at GNCT Delhi. The order dated 27.04.2017 issued by the His Excellency the Lt Governor of Delhi is specific to the guest teachers. The applicant being an erstwhile guest teacher, a fact not denied by respondents, is eligible to be considered for age relaxation under the same.

 

10. Considering the above matter in all the respects, the present Original Application is allowed with the following directions.

 

11. The rejection notice dated 27.06.2023 is quashed and set aside. The respondent, i.e., DOE, is directed to consider the grant of relaxation to the applicant as per the order dated 2017. The respondent, DOE is to consider and to pass the order within three months from the date of receipt of a certified copy of this Order. We also make it clear that in case, the applicant is found fit and fulfills all the other conditions of employment, he shall be taken on the role as per the offer dated 18.10.2022, issued to him with all notional benefits except back wages.”

 

[Kapil Dev Vs. DSSSB & Ors., OA No. 2294/2023, decided on 06.12.2024, Central Administrative Tribunal, Principal Bench, New Delhi]

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