Delhi High Court - Orders
Deepak Prashar vs Adarsh Jain Dharmic Shiksha Sadan & Anr on 14 September, 2022
Author: Rekha Palli
Bench: Rekha Palli
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12428/2022
DEEPAK PRASHAR ..... Petitioner
Through: Mr.Sahil Garg with Mr.Ankit Gupta,
Advs.
versus
ADARSH JAIN DHARMIC SHIKSHA SADAN & ANR.
..... Respondents
Through: Ms.Rachita Garg, Adv for R-2.
Ms.Jyoti Nambiar, Adv. for Mr.Yeeshu Jain, Adv
for R-2.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 14.09.2022 CM APPL. 37374/2022
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 12428/2022 & CM APPL. 37375/2022 -Int. dir.
3. The petitioner, who claims to be working as a TGT(Computer Science) in the respondent no.1/school since 2017, has approached this Court seeking the following reliefs:-
A. Issue a writ of mandamus or any other appropriate writ/order or direction thereby directing Respondent No.1 School to not create hindrance or interference in Petitioner's discharge of duties as TGT Computer Science with Respondent No.1 School; and B. Issue a writ of mandamus or any other appropriate writ order or direction thereby, directing Respondent No.1 and pay! implement the 7th Pay Commission and accordingly, release the Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:15.09.2022 15:20:09 arrears of the Petitioner after fixation of his salary in terms of the 7th Pay Commission along with all other monetary! non- monetary benefits such as pay scale, pay revision, assured career progression (ACP) w.e.f 01.12.2017 along with interest@ 18% p.a. on the said arrears, till the actual date of payments; and C. Issue a writ of mandamus or any other appropriate writ! order or direction thereby, directing the Respondent No.2 to ensure the implementation of 7th Pay Commission by Respondent No.1 and compliance ofall applicable provisions ofthe DSE Act and Rules and all other office orders! notifications issued by it from time to time; and
4. Learned counsel for the petitioner submits that even though the petitioner has been diligently discharging his duties for the last five years, the respondents without issuing any termination order have been illegally trying to stop him from entering the school and discharging his duties.
5. Issue notice. Learned counsel for the respondent no.2 accepts notice.
6. Upon the petitioner taking steps, issue notice to the respondent no.1 through all permissible modes.
7. Counter affidavit and reply to the application be filed within four weeks. Rejoinder thereto, if any, be filed within two weeks thereafter.
8. In case, as claimed by the learned counsel for the petitioner, the services of the petitioner have not been terminated till date, the respondent no.1 will maintain status quo qua the same, till the next date.
9. List on 14.12.2022.
REKHA PALLI, J SEPTEMBER 14, 2022/sr Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:15.09.2022 15:20:09