Paramjeet Singh vs Directorate Of Education & Ors.
2020 Latest Caselaw 2380 Del

#1
       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                     Judgment Delivered On: 10.08.2020

LPA 199/2020 & CM APPL.18560/2020 (Stay)

PARAMJEET SINGH                                         .....Appellant


                                   versus


DIRECTORATE OF EDUCATION & ORS                          ......Respondents



Advocates who appeared in this case:
For the Appellant           : Mr. Hari Shanker, Advocate
For the Respondents         : Mrs. Avnish Ahlawat, Standing Counsel GNCTD
                              (Services) with Mr. Nitesh Kumar Singh, Advocate
                              for R-1
                              Mr. Jasmeet Singh, Advocate for R-2, R-3 and R-4



CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE TALWANT SINGH

                                  JUDGMENT

SIDDHARTH MRIDUL, J. (via Video Conferencing)

CM APPL.18561/2020 (Exemption)

Exemption granted subject to all just exceptions.

The application is disposed of accordingly.

LPA 199/2020

1. The present Letters Patent Appeal under Section 10(1) of the

Delhi High Court Act and Clause 15 of letters and patent, instituted on

behalf of the appellant, prays as follows:

"It is therefore most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the appeal and set aside the impugned order dated 24.07.2020 passed in W.P. (C) 4225/2020 titled as 'Paramjeet Singh vs. Directorate of Education Through Secretary and Ors.' passed by the learned Single Judge in view of the above said facts, circumstances and submissions in interest of justice."

2. Although, the present Letters Patent Appeal assails the interim

order dated 24.07.2020, passed by the learned Single Judge of this

Hon'ble Court, in W.P. (C) 4225/2020 titled as 'Paramjeet Singh vs.

Directorate of Education Through Secretary and Ors.' on the ground

that the petitioner's transfer from the school, where he was hitherto

working, to the Office of Delhi Sikh Gurudwara Management

Committee, Gurudwara Rakabh Ganj, Delhi (for short 'the

Committee')--which it is asseverated amounted to termination--is

contrary to the decisions of this Court and, therefore, irregular; Mr.

Hari Shanker, learned counsel appearing on behalf of the appellant

limits the relief in this appeal to a direction to the respondent No.2,

namely, School Management of Guru Harkrishan Public School to pay

his salary, in terms of the directions issued by the learned Single Judge

vide the impugned order dated 24.07.2020, which has not been paid

for the months of June and July 2020, within one week from today,

subject to the appellant reporting to the Office of the Committee by

tomorrow i.e. 11.08.2020 at 11:00 am.

3. Having heard learned counsel appearing on behalf of the

parties, it is directed that subject to the appellant reporting to the

Office of the Committee, as afore-mentioned, the respondent No.2

shall pay his salary for the months of June and July 2020, in accord

with the salary drawn by him in the month of May, 2020.

4. The above order is without prejudice to the rights and

contentions of the parties. We have not expressed any opinion on the

merits of the case.

5. No further directions are called for.

6. With the above direction, the appeal is accordingly disposed of.

The pending application also stands disposed of.

7. Needless to state that, we have not expressed any opinion on the

merits of this case.

8. A copy of this judgment be provided electronically to learned

counsel appearing on behalf of both the parties and be uploaded on the

website of this Court forthwith.

SIDDHARTH MRIDUL (JUDGE)

TALWANT SINGH (JUDGE)

AUGUST 10, 2020 dn/as

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