Delhi High Court - Orders
Dheeraj Sharma & Ors vs Neeraj Chandra Chairman, Laxmi ... on 13 December, 2022
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 369/2019
DHEERAJ SHARMA & ORS ..... Petitioners
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh,
Mr. Manoj Kumar and Mr. D.S. Rana,
Advocates.
versus
NEERAJ CHANDRA CHAIRMAN, LAXMI EDUCATION SOCIETY &
ORS ..... Respondents
Through: Mr. Pramod Agarwal.
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 13.12.2022
1. This Court vide order dated 13th December, 2021 returned a prima facie finding that Respondent Nos. 1 and 2 are in contempt of directions contained in the order dated 13th February, 2019 in W.P.(C) 216/2017. Subsequently, vide order dated 28th July, 2022, this Court observed that although a reply to the show cause notice of contempt has been filed on behalf of Respondent Nos. 1 and 2, it is not clearly disclosed in the said affidavit as to whether the arrears of salary along with dearness allowance for the entire relevant period has been cleared or not by the school. This Court further directed for the personal presence of Respondent Nos.1 and 2.
2. The orders dated 13th December, 2021 and 3rd March, 2022 passed by this Court return a finding that the dearness allowance payable to the Petitioners has been withheld.
3. Respondent No. 1 is not personally present in Court despite the specific direction for his presence vide order dated 28th July, 2022. The learned counsel for Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS Signing Date:21.12.2022 15:00:58 the Respondent No. 1 states that he has filed an application seeking exemption from personal appearance of Respondent No.1 for today's hearing, i.e., C.M. No. 53798/2022. He states that the Respondent No. 1 due to his medical condition had to unexpectedly leave India on 3rd December, 2022 to seek a review from his neuro surgeon in England. He states that Respondent No. 1 is scheduled to return to India by first week of February, 2023 and will be personally present before this Court on the said date.
4. This Court deems it appropriate to take up the current matter in the presence of Respondent No. 1. The Respondent No. 1 is directed to place on record his medical documents of the treatment he will undergo in December, 2022 and January, 2023 in England.
5. This Court had also directed the presence of Respondent No. 2, the manager of the school. However, learned counsel clarifies that the current manager of the school is Mr. Govardhan Gupta. At his oral request, Mr. Govardhan Gupta is impleaded as a party in the present proceeding and Mr. Vimlesh Mahajan, Respondent No.2 who was the erstwhile manager of the School is deleted from the party array. The Petitioner is directed to file the amended memo of parties and implead Mr. Govardhan Gupta as Respondent No.2.
6. The learned counsel for the Petitioner states that the assurance of Department of Education ('DoE') that due action shall be taken against the school concerned was recorded vide order dated 22nd September, 2021.
7. None appears on behalf of the DoE. Issue notice to the learned standing counsel of DoE along with the copy of the order dated 22nd September, 2021 passed by this Court.
8. The DoE is directed to place on record the steps taken by them to ensure the due compliance of payment to Petitioners as per the order dated 13th February, 2019 Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS Signing Date:21.12.2022 15:00:58 in WP(C) 216/2017 with respect to payment of emoluments in terms of 6th CPC, within period of four weeks before the next date of hearing.
9. The learned counsel for the Petitioner also makes a grievance that despite the pendency of the present contempt proceedings, Petitioner's salaries for the month of October, 2022 and November, 2022 have not been paid to the Petitioner.
10. Learned counsel for Respondent No. 1 states that part payment of salaries of October has been paid, the remaining part salary will be paid within a period of five days. He concedes that salaries for the month of November, 2022 are outstanding. The Respondent No.1 is directed to place on record the explanation for this delay in payment of monthly salaries to the teacher considering its already 13.12.2022 today. He states that the fees from children have been collected only till the month of November, 2022.
11. Respondent Nos. 1 and 2 are directed to place on record an affidavit with respect to the status of payment of salaries to the Petitioners until 30th November, 2022 and collection of fees including tution fees from the students till date, i.e., 13th December, 2022 within one week from today.
12. It is directed that the Respondent Nos. 1 and newly impleaded Respondent No.2 shall remain personally present before this Court on the next date of hearing.
13. List on 23.02.2023.
MANMEET PRITAM SINGH ARORA, J DECEMBER 13, 2022/hp/kv Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS Signing Date:21.12.2022 15:00:58