Delhi High Court - Orders
Harpreet Kaur vs Queens Convent School & Ors on 27 September, 2023
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~64
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12859/2023
HARPREET KAUR ..... Petitioner
Through: Mr.Abhimanyu Goel, Mr.Jitesh
Talwani, Mr. Sahil Mahajan, &
Ms.Anjali, Advocates
versus
QUEENS CONVENT SCHOOL & ORS. ..... Respondents
Through: Mr.Gaurav Dhingra, Advocate for R-
2 and 3
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 27.09.2023 CM APPL. No.50665/2023 Exemption allowed, subject to all just exceptions. The application stands disposed of.
W.P.(C) 12859/2023 and CM APPL. No.50664/2023
1. The petitioner vide the present writ petition under Article 226/227 of the Constitution of India seeks the following reliefs:
"i. Issue a writ of mandamus or an appropriate writ/order/direction thereby directing the respondents to take appropriate action to ensure implementation of the provisions of Employees Provident Funds and Miscellaneous Provisions Act, 1952, The Payment of Gratuity Act, 1972 in the respondent no.1 school in respect of all employees/ the petitioner); and. ii. Issue a writ of mandamus or an appropriate writ/order/direction thereby directing the respondents to take appropriate action to provide arrears of Petitioner's This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/10/2023 at 20:33:59 salary for the period commencing from 01.10.2008 to 30.03.2012 on the basis of grade pay of Rs. 4600/- which was wrongly given to her at the time of her appointment dated 06.09.2008 along with fixation of pay in accordance with law from 01.10.2008 onwards till date; and iii. Issue a writ of mandamus or an appropriate writ/order/direction thereby directing the respondents to take appropriate action to ensure implementation of provision of Section 10(1) of the Delhi School Education Act, 1973, by providing scales of pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits including leaves as per CCS (Leave) Rules, 1972 of the employees at par with those of the employees of the corresponding status in school run by the appropriate authority; and iv. Issue a writ of mandamus or any other appropriate writ, order or direction thereby directing the respondent no. 1 school to pay full salary to the petitioner including Dearness Allowance, Bonus, DA merger etc. in consonance with Section 10(1) of Delhi School Education Act, 1973 thereby fixation of Pay of the Petitioner as per recommendation of VII Central Pay Commission w.e.f.
01.01.2016 by transferring the same to the bank account of petitioner and to pay arrears of salary w.e.f. 01.01.2016 with an interest @18% p.a. v. Issue a writ of mandamus or any other appropriate writ,order or direction thereby directing the respondents no.2& 3 to take appropriate action as per law against the respondent no. 1 school for violating the provisions of Delhi School Education Act, 1973 and Rules and notifications issued there under and for violating CBSE Affiliation Bye-laws.
vi. Issue a writ of mandamus or any other appropriate writ, order or direction thereby directing the respondent school to provide children's education allowance, reimbursement of tuition fees as payable by Delhi Administration to its employees, leave travel concession in terms of Rule 125 of Delhi School Education Rules, This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/10/2023 at 20:33:59 1973;and vii. Issue a writ in the nature of Mandamus or any other writ, order or direction by directing the Respondent no.2 and 3 to take appropriate coercive action against the Respondent no.l school Under Section 4 of the Delhi School Education Act, 1973 for non compliance of the statutory provisions;
viii. Award Cost of Litigation;
ix. Issue a writ in the nature of Mandamus or any other writ, order or direction, as deemed fit and proper in the facts and circumstances of the present case."
2. Heard the learned counsel appearing on behalf of the petitioner and perused the record.
3. Issue notice.
4. Learned counsel appearing on behalf of the respondents No.2 and 3, on advance notice, accepts notice and prayed for and is granted four weeks' time to file counter affidavit. The, rejoinder, thereto, if any, be filed within two weeks thereafter.
5. Notice of the application and the accompanying application be now issued to the respondent no.1 through all permissible modes, returnable before the Registrar on 12th December, 2023 for completion of pleadings.
CHANDRA DHARI SINGH, J SEPTEMBER 27, 2023 SV/RYP Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/10/2023 at 20:33:59