Delhi High Court
Cambridge Primary School And Anr vs Kailash Chand Jain And Anr on 10 May, 2012
Author: Suresh Kait
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 10th May, 2012
+ W.P.(C) 6016/2011
CAMBRIDGE PRIMARY SCHOOL AND ANR ..... Petitioners
Through : Mr. Trideep Pais with Mr. Ashwath
Sitaraman, Adv.
Versus
KAILASH CHAND JAIN AND ANR ..... Respondents
Through : Mr. S R Korada, Adv. with Mr. S P
Jain, Adv. for R-1
Ms. Purnima Maheshwari, Adv.
For R-2
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Vide order dated 9th April, 2012, dispute between the parties has been
referred to the Delhi High Court Mediation & Conciliation Centre. The
parties have settled their disputes before the Mediation Centre and have
signed the settlement before the Mediators on 7th May, 2012.
2. It is agreed between the parties as under :-
"The second party will pay the first party a total consolidated sum
of ` 8,25,000/- towards all the claims of the first party which are
the subject matter of the Writ Petition (Civil) No. 6016/2011 and
WP (C) No. 5122/2010 and Contempt case no. 38/2012.The said
amount of ` 8,25,000/- is inclusive on an amount of ` 5, 19,233/-
deposited pursuant to the order dated 6th July, 2011 in CM NO.
9389/2011 in WP (C) No. 9300/2007 which was also in compliance
of the order dated 30th August, 2007 of the Delhi School Tribunal in
Appeal No. 32/2005 whereby the Delhi School Tribunal directed
the second party to pay the first party subsistence allowance of 50%
of his salary from the date of suspension (viz 11.6.2005 to 8 th July,
2011) and the claim of the first party towards his increment under
the Assured Career Progression Scheme (ACP Scheme) which is
the subject matter of WP (C) No. 5122/2010.
That the second party has already deposited a sum of `. 5,19,233/-
in the registry of the Hon'ble High Court of Delhi pursuant to the
order dated 6th July, 2011 in CM No. 9389/2011 in writ petition no.
9300/2009 of which `. 3,00,000/- has already been withdrawn by
the first party. Thus, an amount of `. 2,19,233/- is lying deposited
in this Hon'ble Court. Writ Petition no. 9300/2007 has earlier been
filed to challenge the order dated 30th August, 2007 in Appeal No.
32/2005 passed by Hon'ble Delhi School Tribunal.
Writ petition no.9300/2007 was withdrawn on 30 th November, 2011
and the order dated 4th July, 2011 of the Delhi School Tribunal in
Contempt Case NO. 93/2009 was further stayed by order 30 th
November, 2011 in writ petition no. 6016/2012. In addition to the
amount of `. 5,19,233/- that already stands deposited, at the time of
closure of writ petition no. 6016/2011, the second party shall pay
the remaining balance of `. 3,05,767/- to the first party to make up
the total of `. 8,25,000/- . Of the balance of `. 2,19,235/- lying in
the court, an amount of `. 62,308/- shall be released to the second
party in order that the same may be deposited with the Provident
Fund Authorities as represent the amount payable towards the
second party's contribution towards provident fund of the first
party. The balance of `. 1,56,925/- shall be released to the first
party."
3. In view of the settlement, the Registrar of this Court is directed to
release the amount out of the balance amount of `. 2,19,233/- an amount of
`. 62,308/- shall be released in favour of the petitioner and balance amount
of `. 1,56,925/- shall be released to the respondent no.1.
4. As per the settlement, an amount of `. 3,05,767/- has been paid by the
petitioner to respondent no.1 in Court. The same he has accepted without
any protest.
5. Since respondent no.2/Director of Education is not a party to the
settlement, therefore, no order qua respondent no.2 is to be passed.
However, in the interest of justice, R-2 shall consider the settlement and the
inquiry pending against the respondent no.1 shall be concluded within six
months.
6. In view of the settlement and direction passed by this Court, the
impugned order dated 4th July, 2011 is set aside and the instant petition is
disposed of in terms of the settlement.
7. In view of the above all the pending applications i.e. CM Nos.
12153/2011, 19450/2011, 1099/2012 also stand disposed of.
SURESH KAIT, J
MAY 10, 2012
p/jg
