Mithlesh Sharma vs Ramakrishna Public School & Ors

Citation : 2014 Latest Caselaw 6616 Del
Judgement Date : 9 December, 2014

Delhi High Court
Mithlesh Sharma vs Ramakrishna Public School & Ors on 9 December, 2014
Author: Hima Kohli
*           IN THE HIGH COURT OF DELHI AT NEW DELHI

+                        W.P.(C) 7974/2014

                                                Decided on 09.12.2014
IN THE MATTER OF :
MITHLESH SHARMA                                      ..... Petitioner
                         Through : Mr. Amit Kumar with
                         Mr. D.K. Sharma, Advocates

                         versus

RAMAKRISHNA PUBLIC SCHOOL & ORS                  ..... Respondents
                   Through : None.

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (Oral)

1. The petitioner, who is stated to be working on the post of TGT Hindi, Art & Craft with the respondent No.1/School, has filed the present petition, praying inter alia for issuing directions to the respondents to fix her pay in the pre-revised pay scale of `5500- 9000/- w.e.f. 5.7.2002 and further, fix her pay-scale in PB-2, i.e., `9300-34800/- with grade pay of `4600/- w.e.f. 1.1.2006 and release the arrears with interest in her favour. The petitioner also seeks directions to the respondents to permit her to continue discharging her duties, with continuity in service.

2. On the last date of hearing, learned counsel for the petitioner was directed to file an amended memo of parties and give a written intimation of the next date of hearing to the respondents No.1, 2 & 4, W.P.(C) 7974/2014 Page 1 of 3 with a copy of the paper book so that they would remain present today.

3. Learned counsel for the petitioner states that the amended memo of parties has been filed and a written intimation of the next date of hearing was duly conveyed in writing to the respondents No.1, 2 & 4/ School through speed post along with a copy of the paper book. Despite the same, none is present on behalf of the said respondents.

4. It is stated by learned counsel for the petitioner that the petitioner had lodged a complaint against the School with the respondent No.3/DOE and upon receiving the same, the Department had asked the School to respond. He hands over a copy of the reply that has been furnished by the respondent/School to the Deputy Director, Department of Education in response to the queries raised, which is taken on record.

5. In view of the fact that the respondent No.3/Directorate of Education has initiated steps to redress the grievances raised by the petitioner in her complaint dated 3.11.2014, it is deemed appropriate to dispose of the present petition, with liberty granted to the petitioner to pursue the matter with the Directorate of Education. W.P.(C) 7974/2014 Page 2 of 3

6. As none is present for the respondent No.3/DOE, Mr. Sushil Dutt Salwan, Advocate, who is present in Court, has been requested to enter appearance on behalf of Department. A complete set of the paper book has been furnished to him.

7. Respondent No.3/DOE is directed to consider the reply submitted by the School in the context of the petitioner's complaint, and after granting a hearing to both sides within four weeks, pass a speaking order within four weeks from the date of conclusion of submissions, under written intimation to them.

8. In case the parties are aggrieved by the decision that may be taken by the respondent No.3/DOE, they shall be entitled to seek their remedies in accordance with law.

9. The writ petition is disposed of, along with the pending application.

A copy of this order be given dasti to the counsel for the respondent No3/DOE to ensure compliance.




                                                      (HIMA KOHLI)
DECEMBER 09, 2014                                        JUDGE
sk/rkb




W.P.(C) 7974/2014                                          Page 3 of 3