Delhi High Court - Orders
Neera Khanna & Anr vs Apeejay School & Anr on 18 January, 2024
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9362/2023
NEERA KHANNA & ANR. ..... Petitioners
Through: Mr. Arun Khatri and Mr. Sahil
Khurana, Advocates.
versus
APEEJAY SCHOOL & ANR. ..... Respondents
Through: Mrs. Avnish Ahlawat, Standing
Counsel for DOE with Mr. Nitesh
Kumar Singh, Ms. Laavanya Kaushik,
Ms. Aliza Alam and Mr. Mohnish
Sehrawat, Advocates.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 18.01.2024 (The proceeding has been conducted through Hybrid Mode) CM APPL. 35637/2023 (for exemption)
1. Exemption is allowed, subject to all just exception.
2. The application stands disposed of.
W.P.(C) 9362/2023
3. This is a writ petition under Article 226 of the Constitution of India, 1950 filed by the petitioners seeking the following reliefs :-
"i) Issue appropriate writ, order or direction in the nature of of mandamus directing the Respondent no. 1 school to fix the pay of the Petitioners in term of 7th Pay Commission w.e.f. 01.01.2016 and pay the Petitioner's salaries, allowances, other benefits including arrears of salaries, increments/earned leaves with interest and all the consequential benefits;
ii) Direct grant of enhanced pay in line with MACP scheme to the Petitioner as per the applicable rules and procedures from the 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 24/01/2024 at 23:25:08 respective due dates including arrears of salaries and all the consequential benefits;
iii) Direct respondent no. 1 to regularly provide access to leave records and upto date salary slips on monthly basis;
iv) Issue any appropriate writ, order or direction, directing the Respondent No.2 Director of Education to take action in accordance with the provisions of Section 10 of the Delhi School Education Act, 1973 against the Respondent no. 1 School for aforesaid failures on the part of the Respondent no. 1School;
v) Pass any other, order or direction or such further orders as may be deemed just and appropriate, in the facts and circumstances of the case and also in the interest of justice, in favour of the petitioner; and"
4. A similar issue in respect of another school is stated to be pending before this Court.
5. The petitioners in the present petition also relies upon the judgment of the learned Co-ordinate Bench of this Court in Mrs. Omita Mago and Ors. vs. Ahlcon Public School and Anr. in W.P.(C) 4979/2021 dated 24.03.2022, to submit that the issue raised in the present petition is no more res integra.
6. According to the learned counsel, the respondent No.1 is to simply implement the directions contained in the aforesaid judgment.
7. Issue Notice.
8. Notice is accepted by Ms. Laavanya Kaushik, learned counsel appearing for respondent No.2/ DOE.
9. So far as, the prayer No. 2 in regard to grant of MACP is concerned, Ms. Kaushik, learned counsel appearing for the respondent/ DOE submits that the judgment of the Co-ordinate Bench in Mrs. Omita Mago (supra) does not govern that subject.
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 24/01/2024 at 23:25:09
10. Issue notice also to respondent No.1 by all permissible modes, upon the petitioner taking appropriate steps within one week.
11. Reply, if any, be filed within three weeks. Rejoinder thereto, if any, be filed within two weeks thereafter.
12. List the matter on 24.04.2024 along with W.P.(C) 16533/2023.
TUSHAR RAO GEDELA, J JANUARY 18, 2024/nd 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 24/01/2024 at 23:25:09