Tribunals and CommissionsDivision Bench(2018) 07 CAT CK 0725

Kuwar Singh Bora vs Government Of NCT Of Delhi & Ors.

Central Administrative Tribunal, Principal Bench, New Delhi · Decided on 25 July 2018

HON’BLE JUDGES
L. Narasimha Reddy, Chairman · Aradhana Johri, Member (A)
CASE NUMBER
OA No.2749/2018

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Judgment

7 paragraphs · 248 words

O R D E R

Justice L. Narasimha Reddy, Chairman :

The applicant joined the Education Department of the Government of NCT of Delhi, as Trained Graduate Teacher (TGT) in the year 1986. He earned several promotions, and as of now, he is working as Vice Principal. He submitted an application dated 16.11.2017 to the respondents with a prayer to re-employ him in the Department before he attains the age of superannuation. That application was rejected through order dated 12.06.2018 (Annexure A-1). The same is challenged in this OA.

2.

It is stated that several persons, similarly situated as the applicant, were given orders of re-employment, whereas he was denied the same. Grounds of discrimination and arbitrariness are pleaded.

3.

Heard Shri S. P. Rana, learned counsel for the applicant.

4.

The applicant is yet to retire from service. He made an application for re-employment beyond the age of superannuation. Such matters are purely in the discretion of the appointing authority. Several factors become relevant in this regard. These include the existence of vacant posts, necessity to fill them with retired employees, and suitability of the candidates for being granted extension. It is fairly well settled that no individual can have a right to seek re-employment. In OA No.3519/2017 – Rajender Prasad v Government of NCT of Delhi & others, decided on 19.07.2018, identical prayer was rejected.

5.

We do not find merit in this OA. It is accordingly dismissed. There shall be no order as to costs.