Delhi High Court - Orders
Dr. Kavita A Sharma vs Union Of India & Ors on 23 October, 2020
Author: Jyoti Singh
Bench: Jyoti Singh
$~A-17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8518/2020 and CM 27440/2020
DR. KAVITA A SHARMA ..... Petitioner
Through: Mr. Shyam Moorjani and Mr. Manjeet
Singh Reen, Advocates
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Arun Bhardwaj, CGSC and Mr.
Abhishek Sharma, Advocates for R-1 & 2/UOI
Ms. Mrinmayee Sahu Mahapatra, Adv.for R-3
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 23.10.2020 Hearing has been conducted through Video Conferencing. Petitioner herein was offered appointment as a President with South Asian University on 29.10.2014 upto 06.03.2016. The appointment was earlier held by Professor G.K. Chadha, who expired on 01.03.2014 without completing his term. Petitioner joined on 03.11.2014 and on 28.03.2014 the tenure of the Petitioner was increased from 03.11.2014 till 02.11.2019 and a Notification was issued accordingly. On 14.10.2019, Petitioner requested Respondent No.3 that since she was completing her tenure on 02.11.2019, her dues and terminal benefits be processed timely. On 24.10.2019, Respondent No.3 issued a Relieving Order of the Petitioner with effect from 01.11.2019.
According to Mr. Moorjani learned counsel for the Petitioner, immediately on demitting office, Petitioner became entitled to receive all her dues and terminal benefits including accumulated pension, leave encashment, gratuity besides unpaid salary, etc. as would have been paid to Professor Chadha. Petitioner sent an email on 13.11.2019 calling upon Respondent No.3 to credit the said amounts, only to be informed vide email dated 25/27.11.2019 that the matter was under process.
Subsequently correspondence ensued between the parties but the benefits of the Petitioner were not released. Finally, the Petitioner received an email dated 29.05.2020 from Respondent No.3 enclosing email dated 06.05.2020 sent to them by Respondent Nos.1 and 2, intimating that no payment was due to the Petitioner at the same time admitting that the terminal benefits though were duly paid to Professor Chadha but the payments were irregular.
It is this email and the denial to release the benefits to the Petitioner which triggered the present Petition and the Petitioner seeks a direction to quash the emails dated 29.05.2020 and 06.05.2020 denying the terminal benefits to the Petitioner as well as direction to release all her terminal benefits which she is entitled to as her tenure as a President with South Asian University.
Issue notice.
Mr. Arun Bhardwaj accepts notice on behalf of Respondent Nos. 1 and 2.
Ms. Mrinmayee Sahu Mahapatra accepts notice on behalf of Respondent No.3.
Counter affidavits be filed within four weeks. Rejoinders thereto, if any, be filed before the next date of hearing.
List on 14.01.2021.
JYOTI SINGH, J OCTOBER 23, 2020 yg