Pooja Kapoor vs Director Of Education And Ors
2013 Latest Caselaw 3990 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+            W.P.(C) No. 7214/2012 & CM No. 18610/2012 (interim
             directions)
%                                             6th September, 2013

POOJA KAPOOR                                               ..... Petitioner

                          Through:       Ms. Indrani Ghosh, Adv.

                          versus

DIRECTOR OF EDUCATION AND ORS                              ..... Respondents
                          Through:       Mr. Sujeet Kr. Singh and Ms. Sonia
                                         Arora, Adv. for R-1.
                                         Mr. Pramod Gupta, Adv. for R-2 and
                                         3.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

1.    There are four issues in this writ petition.       First is for grant of

maternity leave benefit to the petitioner. This benefit has already been

granted to the petitioner as stated by the respondent nos. 2 and 3.


2.    The second relief which is claimed is for petitioner's son who studies

in the respondent no.2-school to get benefit of Rule 125 of the Delhi School

Education Rules, 1973. As per Rule 125, petitioner will be entitled to either

free education or reimbursement of tuition fee as payable by the Govt. of
WPC 7214/2012                                                                  Page 1 of 3
 NCT of Delhi to employees. Since Govt. of NCT of Delhi is paying `

1250/- to its employees, counsel for respondent-school states that this benefit

will be given to the petitioner. This therefore disposes of the second relief

claimed by the petitioner.


3.    The third relief which is claimed is for treating the petitioner as a

confirmed employee/teacher.      Counsel for respondent-school states that

there is no issue in this regard and petitioner already stands confirmed in

terms of the letter dated 24.3.2009.


4.    The final relief which is sought is for payment to the petitioner of

certain benefits in terms of 6th Pay Commission Report accepted for

implementation with respect to schools.       Counsel for respondent-school

states that without prejudice to the school's rights, more so because

respondent-school is a recognized school only from December, 2011,

petitioner will be paid the benefits of 6th Pay Commission Report as is

payable to employees of the government schools.


5.    In view of the above, all the controversies in the petition stand

satisfied. The writ petition is accordingly disposed of in terms of the above

said observations, leaving parties to bear their own costs.


WPC 7214/2012                                                               Page 2 of 3
 6.    The arrears which would be payable to the petitioner be now paid

within a period of three months from today.




SEPTEMBER 06, 2013                            VALMIKI J. MEHTA, J.

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