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Delhi High Court - Orders

Mamta Sharma vs Delhi Sanskrit Academy & Ors on 1 April, 2024

Author: Tushar Rao Gedela

Bench: Tushar Rao Gedela

                                    $~70
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           W.P.(C) 4620/2024
                                                MAMTA SHARMA                                                                   ..... Petitioner
                                                                                      Through:                 Mr. Varun Mudgil, Mr. Rakesh
                                                                                                               Kumar, Mr. Praveen, Mr. Mohit
                                                                                                               Mudgal and Ms. Eti Kushwaha,
                                                                                                               Advocates

                                                                                      versus

                                                DELHI SANSKRIT ACADEMY & ORS.                                                  ..... Respondent
                                                                                      Through:                 Mr. Abhay Dixit, Advocate for R-1
                                                                                                               Mr. Yeeshu Jain (ASC) with Ms.
                                                                                                               Jyoti Tyagi and Ms. Manisha,
                                                                                                               Advocates for GNCTD

                                                CORAM:
                                                HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                                                                      ORDER

% 01.04.2024 (The proceeding has been conducted through Hybrid Mode) CM APPL. 18944/2024

1. Exemption allowed subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 4620/2024

3. This is a writ petition under Article 226 of the Constitution of India, 1950, seeking inter alia the following reliefs:-

"a) Issue an appropriate writ, order, or direction in the nature of Certiorarified Mandamus calling for the records pertaining to the impugned order dated 08/12/2023 passed by the respondent no.1 vide 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 06/04/2024 at 00:48:55 File No.5(2) / DSA / TEACHER/2022-2023/150, Quash the same and further directing the Respondents to Implement the benefit of Payment of Gratuity Act, 1972 to the Petitioner as per the judgment Dated:

22/05/2023, passed by this Hon'ble Court in WP(C) 6403/2023 titled as 'Irfan Ali & Ors. Vs Urdu Academy & Ors';
b) Issue an appropriate writ, order, or direction to the Respondent No.1 & 2 to calculate & release the payment of the Gratuity as per the amended Payment of Gratuity Act, 1972, of the Petitioner along with interest @6% p.a. from the date of superannuation till the payment made to the Petitioner."

4. Issue notice.

5. Notice is accepted by Mr. Abhay Dixit on behalf of respondent no.1 and Ms.Jyoti Tyagi on behalf of GNCTD.

6. Counter affidavit be filed within four weeks with an advance copy to learned counsel for the petitioner. Rejoinder, thereto if any, be filed within four weeks, thereafter, with an advance copy to learned counsel for the respondent.

7. List on 10.07.2024 along with W.P.(C) 4241/2024 before the Registrar for completion of pleadings.

8. List on 23.09.2024 along with W.P.(C) 4241/2024 before Court.

TUSHAR RAO GEDELA, J APRIL 1, 2024 ns 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 06/04/2024 at 00:48:55