Delhi High Court
Shakti Mandir Premwati Public ... vs Usha Kiran Verma And Ors on 18 March, 2013
Author: Valmiki J. Mehta
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) No. 1758/2013
% 18th March, 2013
SHAKTI MANDIR PREMWATI PUBLIC SCHOOL ..... Petitioner
Through: Mr. Rajiv Bajaj, Adv.
versus
USHA KIRAN VERMA AND ORS ..... Respondents
Through: Mr. Rajiv Aneja, Adv. for R-1 to 8.
Ms. Sana Ansari, Adv. for Ms. Zubeda
Begum, Adv. for R/DOE.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
CM No. 3359/2013 (Exemption)
Exemption allowed subject to just exceptions.
CM stands disposed of.
W.P.(C) No. 1758/2013 & CM No.3358/2013 (Stay)
1. By this writ petition challenge is laid to the order dated 26.2.2013 of the
Delhi School Tribunal which has directed imprisonment of the Manager of the
W.P(C) 1758/2013. Page 1 of 4
School in exercise of the powers under Section 27 of the Delhi School Education
Act, 1973.
2. Counsel for the petitioner has today handed over eight pay orders of
the value of Rs.6,10,000/- (Rupees six lacs ten thousand only) each to the counsel
appearing for respondent nos. 1 to 8. The total amount therefore paid to each of
the eight respondents would be Rs. 7 lacs as Rs. 90,000/- has been deducted
towards TDS. Counsel for the petitioner states that TDS certificate will be given to
the respondent nos. 1 to 8 within 15 days after expiry of the statutory period of
deposit of TDS.
3. Counsel for the petitioner states, and which is agreed to by the counsel for
respondent nos. 1 to 8, that, the balance payment will be made by the petitioner to
the respondent nos. 1 to 8 within a period of 4 ½ months from today, and which
will be the complete balance payment in terms of the order dated 11.5.2012 read
with the impugned order dated 26.2.2013 of the Delhi School Tribunal.
4. It is agreed that the petitioner through its Chairman will, within a period of
one week from today, file in this court an undertaking to comply with the present
order, and subject to giving of which undertaking, and complying with the present
order, the impugned order dated 26.2.2013 is set aside.
W.P(C) 1758/2013. Page 2 of 4
5. Counsel for the petitioner also states that on the respondent nos. 1 to 8
giving their share of the provident fund within a period of six months from today,
the petitioner-school will give their shares of the provident fund, and the total
provident fund amount with respect to each of the respondents no. 1 to 8 will thus
be forthwith deposited with the appropriate authority being the Provident Fund
Commissioner. Counsel for the petitioner-school will calculate the amount which
is to be deposited by each of the respondent nos. 1 to 8 towards their share of the
provident fund and will inform the same within two weeks from today.
6. At this stage, it is agreed that since the petitioner agrees that the
payment as calculated by the Delhi School Tribunal in terms of the impugned order
dated 26.2.2013, will now be cleared on or before 4 ½ months from today, and also
subject to the petitioner filing an undertaking under his Chairman and nothing
survives so far as the present writ petition is concerned, and which is accordingly
disposed of with liberty to the respondent nos. 1 to 8 to initiate appropriate
proceedings either before this Court or before the Delhi School Tribunal, in case of
non-compliance of today's order.
7. Without in any manner diluting the requirement of paying within 4 ½
months, it is clarified that for any delay in payment, in addition to the Manager and
Chairman of the School being responsible for Contempt of Court, the petitioner
W.P(C) 1758/2013. Page 3 of 4
will also be liable to pay interest on unpaid arrears amount at 18% per annum
simple for the period beyond 4 ½ months.
8. Counsel for the petitioner states that the respondent nos. 1 to 8 will be given
the necessary experience certificates and which will comply with the orders which
were passed earlier by this court in the writ petition and the LPA as also by the
Delhi School Tribunal. This aspect be also included in the undertaking to be filed
by the Chairman to the School in this Court.
9. I may also state that it is agreed between the parties that with respect to the
amount due as of today to the respondent nos. 1 to 8 though time of 4 ½ has been
granted for payment of the balance amount, no interest will run for this period of 4
½ months.
10. The impugned orders are therefore set aside subject to the petitioner-school
complying with the terms of the present order.
11. The writ petition is disposed of with the aforesaid observations.
12. Dasti to counsel for the parties.
MARCH 18, 2013 VALMIKI J. MEHTA, J.
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