Citation : 2014 Latest Caselaw 6479 Del
Judgement Date : 4 December, 2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8529/2014
Decided on : 04.12.2014
IN THE MATTER OF:
KAWALJIT KAUR WALIA ..... Petitioner
Through: Mr. Ajay Kumar, Advocate
versus
GOVT. OF N.C.T. OF DELHI & ORS. ..... Respondents
Through: Ms. Nidhi Raman, Advocate for R-1 to R-3/DOE.
CORAM HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J.(Oral)
1. The present petition has been filed by the petitioner, who claims to
have been regularly employed by the respondent No.4 and 5/School to
the post of TGT, praying inter alia for directions to the School to pay her
the arrears recommended under the Fifth and Sixth Pay Commissions
and gratuity dues alongwith interest.
2. A perusal of the paper book reveals that before approaching this
Court, the petitioner did not take any steps to agitate her grievance
against the respondents No.4 and 5/School before the respondents No.1
and 3/DOE. Further, the petitioner has not placed on record any
document to establish that she was a regularly appointed teacher in the
respondents No.4 and 5/School, for claiming entitlement to the arrears
of pay under the Fifth and Sixth Pay Commissions.
3. Counsel for the petitioner states that though the petitioner has
been making representations to the respondents No.4 to 5/School with
copies marked to the respondents No.1 to 3/DOE, she has not addressed
an independent representation to the respondents No.1 to 3/DOE. He
submits that the petitioner may be permitted to withdraw the present
petition while reserving her right to submit a detailed representation to
the respondents No.1 to 3/DOE ventilating her grievance against the
respondents No.4 and 5/School, for redressal.
4. In view of the aforesaid submission, it is deemed appropriate to
dispose of the present petition with liberty granted to the petitioner to
file a substantive representation before the respondents No.1 to 3/DOE
within two weeks from today. The petitioner shall enclose all the relevant
documents including her letter of appointment, with the said
representation to enable the respondents No.1 to 3/DOE to consider her
grievance after calling upon the respondents No.4 and 5/School to give
its response. A copy of the reply furnished by the respondents No.4 and
5/School shall also be furnished to the petitioner for her to reply thereto.
Thereafter, the respondents No.1 to 3/DOE shall take a decision under
written intimation to the parties within four weeks from the date of
conclusion of hearing and ensure that compliances, if any, of its orders
are made in a time bound manner, in accordance with law.
DASTI to the counsel for the respondents No.1 to 3/DOE.
(HIMA KOHLI)
DECEMBER 04, 2014 JUDGE
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