ANUSHI ARORA vs MANAGING COMMITTEE MAXFORT SCHOOL DWARKA SECTOR 7 NEW DELHI 110075 & ANR.

2024-05-06 Information

$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 06.05.2024
+ W.P.(C) 97/2023
ANUSHI ARORA ….. Petitioner
versus

MANAGING COMMITTEE MAXFORT SCHOOL
DWARKA SECTOR 7 NEW DELHI 110075 & ANR
….. Respondents
Advocates who appeared in this case:

For the Petitioner : Ms. Indrani Ghosh, Advocate

For the Respondent : Mr. S. Rajappa, Advocate for R-1.
Mr. Vinit Roy, Ms. Jyoti Tyagi and Mr. Hitanshu Mishra for Mr. Yeeshu Jain, ASC for R-2/DoE.
CORAM:
HON’BLE MR. JUSTICE TUSHAR RAO GEDELA

JUDGMENT

TUSHAR RAO GEDELA, J. (ORAL)

[ The proceeding has been conducted through Hybrid mode ]
1. The present writ petition under Article 226 of the Constitution of India, has been filed inter alia seeking the following prayers:-
(a) Pass a writ, order or direction in the nature of declaration declaring that the Respondent school was bound to pay all the dues, of the Petitioner as per Section 10 (1) of the Act including her terminal dues on resignation;

(b) Pass a writ, order or direction in the nature of mandamus commanding the Respondent school to pay all the dues of the Petitioner as per provisions of Section 10 (1) of the Act including her terminal dues on resignation;

(c) Pass a writ, order or direction in the nature of declaration declaring the action of the Respondent school in not paying the arrears of Statutory DA instalments, arrears of DA merger with Basic pay, arrears of Pay after proper fixation of pay from 01.01.2006 as per the recommendations of the 6th Pay Commission & from 0 1.01.2016 as per the recommendations of the 7th Pay Commission, as illegal including her terminal dues on resignation and thereby declare that the Petitioner was entitled to receive the said arrears of all the components mentioned in Para 2.6 of the Petition in view of Section 10(1) of the Act;

(d) Pass a writ, order or direction in the nature of mandamus commanding the Respondent No.2 to take action against the Respondent school for not abiding by the provisions of the Act & Rules which is a precondition for any recognised school to continue to be recognised under Rule 50 of the Rules;…

2. After some arguments, Mr. S. Rajappa, learned counsel for the respondents submits that so far as the terminal benefits of an employee, who retires upon resignation is concerned, no terminal benefits thereof can be sought by the petitioner. However, so far as the arrears of pay and other allowances in implementation of 6th and 7th Pay Commission, are concerned, he submits that there cannot be any quarrel for the same, since the same has been held to be payable, by a catena of judgments of this Court in Kuttamparampath Sudha Nair vs. Managing Committee Sri Sathya Sai Vidya Vihar & Anr reported in 2021 SCC OnLine Del 2511, Mrs. Omita Mago & Ors. vs. Ahlcon Public School &Anr., W.P.(C) 4979/2021 decided on 24.03.2022 and Shikha Sharma vs. Guru Harkishan Public School & Ors reported in 2021 SCC OnLine Del 5011.
3. Insofar as the prayer for gratuity is concerned, that too has been settled by the Supreme Court that it is not a bounty but a right of the employee to be granted by the employer. Thus, the petitioner shall also be entitled to payment of gratuity as accruable to her in accordance with the calculations as per the provisions of the Payment of Gratuity Act, 1972.
4. The controversy which remains, after the aforesaid, is in respect of whether the petitioner would be entitled to Leave Encashment, this being an admitted case of resignation.
5. Ms. Indrani Ghosh, learned counsel for the petitioner submits that in respect of the same, she reserves her right to file a fresh writ petition alongwith judgments in her favour.
6. In view of the aforesaid statement of learned counsel for the respondent as also the petitioner, it is directed that the arrears of pay as accruable to the petitioner under the recommendations of the 6th CPC as also 7th CPC be paid to the petitioner from the date she is entitled, including the accruable gratuity. Mr. Rajappa, on instructions, submits that some part of the gratuity has already been paid. If so, the same be specified to the petitioner and the remaining be released to her, as entitled. The said exercise be carried out within eight weeks from the receipt of this order.
7. So far as the remaining grievance regarding the leave encashment is concerned, the petitioner is permitted to file a fresh writ petition in that regard, in case it is found that she is entitled to the same.
8. In view of the above, the writ petition is disposed of with no order as to costs.

TUSHAR RAO GEDELA, J
MAY 6, 2024
Aj

W.P.(C) 97/2023 Page 2 of 4