Delhi High Court
Mohan Lal Gupta vs The President, Dav College ... on 9 December, 2014
Author: Hima Kohli
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7937/2014
Decided on 09.12.2014
IN THE MATTER OF :
MOHAN LAL GUPTA ..... Petitioner
Through: Ms.Indrani Ghosh and
Ms.Shobhna Takiar, Advocates
versus
THE PRESIDENT, DAV COLLEGE MANAGING
COMMITTEE AND ORS ..... Respondents
Through: Mr. Mr.B.K.Khurana, Advocate for
R-1 to R-3
Mr. D.K.Singh, Advocate for R-4/DOE
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J. (Oral)
1. The petitioner, who was working on the post of Principal in the
respondent No.3/School till he had superannuated on 27.3.2013, has
filed the present petition praying inter alia for issuance of directions
to the respondents No.1 to 3 to release the arrears of the balance
gratuity allegedly payable to him and payment of the leave
encashment dues in terms of Section 10(1) of the Delhi School
Education Act and Rules, 1973.
2. Learned counsel for the petitioner states that an amount of
`3,50,000/- was paid by the respondents No.1 to 3 to the petitioner
towards his gratuity dues, whereas he is entitled to a sum of
`10,00,000/- towards gratuity in accordance with the amendment
made in respect of Section 4(3) of the Payment of Gratuity Act in the
year 2010. She submits that repeated representations were made to
the respondents No.1 to 3/School for release of `6,50,000/- towards
the balance gratuity dues and leave encashment dues, along with
statutory interest, but to no avail. Finally, the petitioner had to issue
a legal notice dated 28.10.2014 to the respondents 1 to 3/School, but
they remained impervious to the aforesaid notice, thus compelling
him to file the present petition.
3. On the last date of hearing, as none was present on behalf of
the respondents No.1 to 3/School, learned counsel for the petitioner
was directed to give a written intimation of the next date of hearing
to the other side. Pursuant to the aforesaid direction, learned counsel
enters appearance for the respondents No.1 to 3/School. It has been
enquired from him as to whether the DAV College Managing
Committee has nominated a Standing Counsel for accepting advance
copies of writ petitions. He states that no steps have been taken by
them so far, but assures the court that immediate steps shall be
taken to nominate a counsel for receiving advance copies of paper
books.
4. Needful shall be done within three weeks and the name of the
nominated counsel(s) shall be communicated to the Registry for
circulation in the cause list.
5. As for the merits of the case, learned counsel for the
respondents No.1 to 3 disputes the submission made by the other
side that any balance amount towards gratuity is due or payable to
the petitioner. He states that the entire gratuity amount as
stipulated under the Act has already been released in his favour. He
however submits that he does not have any instructions with regard
to the leave encashment dues.
6. Having regard to the fact that the issue in the present petition
is fairly limited and restricted to the calculation of the exact amount
of gratuity and leave encashment dues claimed by the petitioner and
denied by the other side, it is deemed appropriate to direct the
respondents No.1 to 3 to give its reply to the legal notice dated
28.10.2014 issued by the petitioner within two weeks wherein a
stand shall be taken with regard to the amounts claimed as due and
payable by the petitioner with a computation. A copy of the said reply
shall be furnished to the Director of Education and/or his nominee.
The petitioner and a representative of the respondents No.1 to 3 shall
appear before the Director of Education and/or his nominee on
12.1.2015 at 3PM.
7. The Director of Education and/or his nominee shall consider the
submissions made by the parties and take the assistance of the
Accounts Department to compute the amounts, if any, payable to the
petitioner towards the balance gratuity and the leave encashment.
After hearing the parties, the DOE and/or his nominee shall pass a
speaking order under written intimation to both sides within four
weeks from the date of conclusion of arguments. If any amount(s)
are found to be due and payable to the petitioner, the same shall be
intimated to the respondents No.1 to 3/School for it to release the
payment within a fixed timeline. The Department shall ensure
compliance of its orders.
8. In case either of the parties is aggrieved by the orders passed
by the respondent No.4/ DOE, they shall be entitled to seek their
remedies in accordance with law.
9. The petition is disposed of.
(HIMA KOHLI)
DECEMBER 09, 2014 JUDGE
mk/rkb
