Delhi High Court - Orders
Kuttamparampath Sudha Nair vs Managing Committee Sri Sathya Sai Vidya ... on 23 June, 2020
Author: Jyoti Singh
Bench: Jyoti Singh
$~A-3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ WP(C) 928/2019
KUTTAMPARAMPATH SUDHA NAIR ..... Petitioner
Through Ms. Indrani Ghosh, Advocate
Versus
MANAGING COMMITTEE SRI SATHYA
SAI VIDYA VIHAR AND ANR. ..... Respondents
Through Mr. Sunil Magon, Adv. for R-1
Mr. Zahid Hanief for Mr. Naushad
Ahmed Khan, ASC for R-2
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 23.06.2020 CM No.13157/2020 (Exemption from filing Court Fee) In view of the prevailing situation, Application is disposed of with a direction to the Applicant to pay the requisite Court Fee and place on record duly attested Affidavits, within a period of one week of lifting of the lockdown.
Application stands disposed of.
CM No.13156/2020 (for directions) Hearing has been conducted through Video Conferencing. This is an Application filed by the Petitioner seeking a direction to the Respondent to release the complete salary of the Petitioner for the month of May 2020.
Ms. Indrani Ghosh, learned Counsel for Petitioner, submits that for month of May 2020, only 40% of the salary due to the Petitioner has been released. She submits that this is in complete violation of the Circular dated 18.04.2020 issued by the Directorate of Education where the Directorate has specifically and categorically directed the Schools as under :-
"Now, therefore in exercise of powers conferred under Section 17(3) of DSEA, 1973 and read with Rule 43 DSEAR, 1973 and under other enabling provisions of the Acts and Rules or any other, all Heads / Managers of the private unaided recognized schools of Delhi are hereby directed as under :-
x x x
(x). Shall neither stop payment of monthly salary nor reduce the existing total emolument to the teaching and non-teaching staff of their schools in the name of non-availability of funds and arrange the funds in case of any shortfalls from the Society / Trust running the school.
Failure to comply with above instructions shall invite action under the relevant provisions of DSEAR, 1973.
Sd/-
(BINAY BHUSHAN) DIRECTOR OF EDUCATION"
Learned Counsel for the Petitioner further submits that copy of the Circular has been marked to Heads / Managers of all Private Unaided Recognized schools of Delhi for its due compliance.
Issue Notice to Respondents.
Mr. Sunil Magon, Advocate accepts Notice on behalf of Respondent No.1.
Mr. Zahid Hanief, Advocate accepts Notice on behalf of Respondent No.2 Mr. Sunil Magon, learned Counsel for Respondent No.1 seeks a period of 12 days to file reply. Let the reply be filed within 12 days. Rejoinder thereto, if any, be filed before the next date of hearing.
List the Application on 16.07.2020.
JYOTI SINGH, J JUNE 23, 2020 yg