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Delhi High Court - Orders

Meenu Sachdev vs Managing Committee Sri Sathya Sai Vidya ... on 10 February, 2022

Author: Yogesh Khanna

Bench: Yogesh Khanna

                                $~30
                                *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +    W.P.(C) 2353/2022
                                     MEENU SACHDEV                                          ..... Petitioner
                                                       Through : Ms.Indrani Ghosh, Advocate.
                                                       versus
                                     MANAGING COMMITTEE SRI SATHYA
                                     SAI VIDYA VIHAR AND ANR.                          ..... Respondents
                                                       Through : Mr.Rizwan, Ms.Ankita Gaba and
                                                                   Mr.Gaurav Dhingra, Advocates for
                                                                   R2/DOE.
                                     CORAM:
                                     HON'BLE MR. JUSTICE YOGESH KHANNA
                                                       ORDER

% 10.02.2022

1. The hearing has been conducted through Video Conferencing.

2. This petition is filed with the following prayers:-

(a) Pass a writ, order or direction in the nature of declaration declaring that the Respondent school was bound to pay all the dues, of the Petitioner as per Section 10 (1) of the Act;
(b) Pass a writ, order or direction in the nature of mandamus commanding the Respondent school to pay all the dues of the Petitioner as per provisions of Section 10 (1) of the Act;
(c) Pass a writ, order or direction in the nature of declaration declaring the action of the Respondent school in not paying the arrears of Statutory DA instalments, arrears of DA merger with Basic pay, arrears of Pay after proper fixation of pay from 01.01.2006 as per the recommendations of the 6 Pay Commission & from 01.01.2016 as per the recommendations of the 7Pay Commission, as illegal and thereby declare that the Petitioner was entitled to receive the said arrears of all the components mentioned in Para 2.6 of the Petition in view of Section 10(1) of the Act;
(d) Pass a writ, order or direction in the nature of mandamus commanding the Respondent No.2 to take action against the Respondent school for not abiding by the provisions of the Act & Rules which is a precondition for any recognised school to continue to be recognised under Rule 50 of the Rules;

3. It is submitted on 08.02.2022, the connected petition being W.P.(C) Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:11.02.2022 17:09 No.2387/2022 and other matters were listed and are now fixed before learned Registrar on 20.07.2022.

4. Issue notice.

5. Learned counsels for DoE are present and they intend to file counter affidavit. Since none has appeared on behalf of school, let notice be issued to the school/respondent No.1 by all modes/e-mail and whatsapp returnable before the Registrar on 20.07.2022 alongwith connected matters.

6. The directions passed in W.P.(C) No.2387/2022 be also complied with in this matter too. Copy of this order be sent to the respondent No.1.

7. Upon completion of pleadings, the matter be listed before this Court.

YOGESH KHANNA, J.

FEBRUARY 10, 2022 M Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:11.02.2022 17:09