Delhi High Court
Rajwinder Kaur vs School Management Of Gyan Devi ... on 11 September, 2013
Author: Valmiki J. Mehta
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) No. 12380/2009 & CM No. 2367/2013 (for
modification of orders)
% 11th September, 2013
RAJWINDER KAUR ......Petitioner
Through: Mr. Raj Kumar Sherawat, Adv.
VERSUS
SCHOOL MANAGEMENT OF GYAN DEVI SALWAN PUBLIC
SCHOOL & ORS. ...... Respondents
Through: Mr. Siddharth Dias, Adv. for R-1.
Ms. Bandana Shukla, Adv. for Ms.
Ruchi Sindhwani, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1. There are three prayers made in this writ petition. The first prayer is
for setting aside the order dated 25.1.2008 passed by the respondent no.1-
school terminating the services of the petitioner during the probation period.
The second relief which is claimed is as regards benefits of 6th Pay
Commission Report which has been made applicable to schools. The third
WPC 12380/2009 Page 1 of 5
relief claimed is for grant of higher salary to the petitioner from her original
date of appointment.
2. So far as the first aspect is concerned, counsel for the petitioner
concedes that since disputed questions of fact are involved with respect to
some blank letters having been taken from the petitioner or documents and
facts showing alleged unsatisfactory services, this part of the relief can only
be decided after leading evidence before the Delhi School Tribunal and
therefore, the petition so far as this relief is concerned is to be treated as an
appeal filed before the Delhi School Tribunal. Accordingly, accepting the
request of the petitioner, this petition is transferred to the Delhi School
Tribunal so far as the prayer of the petitioner of challenging the termination
of her services by the letter dated 25.1.2008 by the respondent no.1-school is
concerned.
3. So far as the second and third reliefs claimed of payment of arrears as
per the 6th Pay Commission Report and for payment of higher salary to the
petitioner since the date of her first appointment (as payable to teachers in
government schools in view of Sections 10 of the Delhi School Education
Act and Rules, 1973) is concerned in view of the stand of the respondent
no.1-school that all arrears have been paid in terms of the 6 th Pay
WPC 12380/2009 Page 2 of 5
Commission Report, there will have to take place a detailed examination of
facts as to what should be the salary of the petitioner since beginning, what
the petitioner has actually been paid, what are the amounts which become
due on the implementation of the 6th Pay Commission Report, what are the
consequential monetary emoluments granted to the petitioner, if any arrears
remain under any of the heads as stated above then what are those arrears if
any. This aspect can be best decided by the competent authority and which
would be the Director of Education in this case. The Director of Education,
will know what are the actual monetary emoluments which are legally
payable to the petitioner, and whether the petitioner has or has not been paid
all her monetary emoluments as prayed in this writ petition.
4. Accordingly, it is agreed that so far as the second and third prayers are
concerned, these issues be referred to the Director of Education who will
appoint a nominee who will decide the aspects of the second and third relief
by passing of speaking order. In order to decide the issue of any arrears still
being payable to the petitioner on account of second and third reliefs, as
stated above, petitioner will give a detailed representation to the nominee of
the Director of Education as to how different amounts under different heads
were payable for different periods are claimed by the petitioner, what
WPC 12380/2009 Page 3 of 5
amounts the petitioner has received, and what according to the petitioner are
arrears according to law which have not been paid to the petitioner. Copy of
this representation will be given to respondent no.1 and the respondent no.1-
school will be entitled to file its reply thereto. Both representations of the
petitioner and the respondent no.1-school be considered by the nominee of
the Director of Education, and who should thereafter pass a speaking order
as to whether or not petitioner has or has not been paid the monetary
emoluments which is claimed in terms of the second and third prayers as
stated in this order. The nominee of the Director of Education will give a
personal hearing to the parties or their representatives before passing a
speaking order. The speaking order will be communicated to the parties as
also their counsels. In case, it is necessary for any records to be produced
before the nominee of the Director of Education, respondent no.1-school
will produce the relevant records pertaining to the employment of the
petitioner.
5. The writ petition is accordingly treated as an appeal to the Delhi
School Tribunal under Section 8(3) of the Delhi School Education Act, 1973
so as to determine the validity of termination of services of the petitioner.
So far as the second and third reliefs/aspects are concerned, these aspects are
WPC 12380/2009 Page 4 of 5
referred to the Director of Education or his nominee for being decided in
terms of the observations made in this order. The Director of Education or
his nominee is requested to hear the parties and complete the proceedings by
passing a speaking order within a period of 3 months of receipt of copy of
the present order. Parties are left to bear their own costs.
SEPTEMBER 11, 2013 VALMIKI J. MEHTA, J.
ib
