Deepika Anand vs Directorate Of Education, Delhi ...
2018 Latest Caselaw 1776 Del

$~15
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                        Date of Order : March 15, 2018

+             W.P.(C) 4849/2017, CM Nos.20953/2017 & 22634/2017

       DEEPIKA ANAND                             ..... Petitioner
                Through:        Mr.Avneesh Garg and Mr.Pramit,
                                Advocates

                                versus

       DIRECTORATE OF EDUCATION,
       DELHI AND ORS                        ..... Respondents
                Through: Mr.Ashwani R.Dahiya and Mr.Puneet
                         Saini, Advocates for R-3 and R-4

CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR

                       ORDER

(ORAL)

1. Petitioner, PGT-Home Science by way of this petition seeks a mandamus to respondent-school to comply with provisions of Section 10 of the Maternity Act, 1961 i.e. to restore one month's salary which has been purportedly illegally deducted from petitioner's salary account. The salary sought is for the month of July, 2016. There are no specific averments for the aforesaid relief claimed in this petition. Same is the position in respect of the third prayer seeking compliance of the various provisions of the Delhi School Education Act, 1973, CBSE Bye-Laws and Maternity Act, 1961. In such a situation, calling for a counter is

pointless.

2. In the facts and circumstances of this case, this petition is disposed of with permission to petitioner to file a concise representation to respondent-school within a period of four weeks. If such a representation is received, then respondent-school shall pass a speaking order thereon within a period of another four weeks and the fate of the representation be made known to petitioner within a week thereafter, so that petitioner may avail of the remedies as available in law, if need be.

3. With aforesaid directions, this petition and the applications are disposed of.

Copy of this order be given dasti to learned counsel for respondent- school.

(SUNIL GAUR) JUDGE MARCH 15, 2018 mamta