Delhi High Court
Satwant Kaur Sabharwal vs Directorate Of Educaton & Ors on 19 February, 2020
$~71, 72 & 73
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 19.02.2020
+ W.P.(C) 11783/2018, CM APPL. 45622/2018 & CM APPL.
42300/2019
SMT. VINOD VERMA ..... Petitioner
Through: Mr.Nikhilesh Kumar and Mr.Pradeep
Dudy, Advs.
versus
DIRECTORATE OF EDUCATION AND ORS. ..... Respondents
Through: Mr. Inderbir Singh Alag, Sr. Adv.
with Mr. Pravir Singh and Ms.
Tejaswini, Advs. for school/society.
Mr. Subrahmanyam and Mr.
Abhishek Sharma, Advs. for R1.
+ W.P.(C) 11801/2018, CM APPL. 45663/2018 & CM APPL.
42305/2019
SUMAN SHARMA ..... Petitioner
Through: Mr.Nikhilesh Kumar and Mr.Pradeep
Dudy, Advs.
versus
DIRECTORATE OF EDUCATION & ORS ..... Respondents
Through: Mr. Inderbir Singh Alag, Sr. Adv.
with Mr. Pravir Singh and Ms.
Tejaswini, Advs. for school/society.
Mr. Subrahmanyam and Mr.
Abhishek Sharma, Advs. for R1
W.P.(C) 11783-11801-11819/2018
Signature Not Verified
Digitally signed By:KAMLESH
Page 1 of 5
KUMAR
Signing Date:28.02.2020
13:04:53
+ W.P.(C) 11819/2018, CM APPL. 45807/2018 & CM APPL.
42301/2019
SATWANT KAUR SABHARWAL ..... Petitioner
Through: Mr.Nikhilesh Kumar and Mr.Pradeep
Dudy, Advs.
versus
DIRECTORATE OF EDUCATON & ORS ..... Respondents
Through: Mr. Inderbir Singh Alag, Sr. Adv.
with Mr. Pravir Singh and Ms.
Tejaswini, Advs. for school/society.
Mr. Subrahmanyam and Mr.
Abhishek Sharma, Advs. for R1
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J. (Oral)
1. These petitions seek payment of monies due to the petitioners in terms
of the Settlement vide this Court's order dated 23.09.2019 with the
management, whereunder they have to be paid the dues in ten instalments.
2. On 23.09.2019, this Court had passed the following order in W.P.(C)
11783/2018:
" 1. Vide order dated 20.09.2019 this Court after
recording the submission of the learned counsel for the
respondent nos.2 & 3 that they were willing to pay the amount
as quantified in their counter affidavit i.e. Rs. 10,26,225/- in
ten instalments, had adjourned the matter at the request of the
learned counsel for the petitioner to enable him to obtain
instructions as to whether the said offer made by the
respondent nos.2 & 3 was acceptable to the petitioner.
W.P.(C) 11783-11801-11819/2018
Signature Not Verified
Digitally signed By:KAMLESH
KUMAR
Signing Date:28.02.2020
13:04:53
2. Today, learned counsel for the petitioner submits that
in order to amicably settle the matter, the petitioner is
agreeable to the aforesaid offer made by the respondent nos.2
& 3 and is willing to accept the amount of Rs. 10,26,225/- in
ten instalments. It may be noted that out of the aforesaid
amount, a sum of Rs. 1,00,000/- has already been paid to the
petitioner on 20.09.2019 and, therefore, the remaining amount
will be paid in nine equal instalments beginning from
07.10.2019.
....."
3 Similarly, in W.P.(C) 11801/2018, the following order was passed on
23.09.2019:
"1. Vide order dated 20.09.2019 this Court after
recording the submission of the learned counsel for the
respondent nos.2 & 3 that they were willing to pay the
amount as quantified in their counter affidavit i.e.
Rs.9,82,440/- in ten instalments, had adjourned the matter
at the request of the learned counsel for the petitioner to
enable him to obtain instructions as to whether the said
offer made by the respondent nos.2 & 3 was acceptable to
the petitioner.
2. Today, learned counsel for the petitioner submits
that in order to amicably settle the matter, the petitioner is
agreeable to the aforesaid offer made by the respondent
nos.2 & 3 and is willing to accept the amount of
Rs.9,82,440/- in ten instalments. It may be noted that out of
the aforesaid amount, a sum of Rs. 1,00,000/- has already
been paid to the petitioner on 20.09.2019 and, therefore,
the remaining amount will be paid in nine equal
instalments beginning from 07.10.2019.
......"
W.P.(C) 11783-11801-11819/2018
Signature Not Verified
Digitally signed By:KAMLESH
KUMAR
Signing Date:28.02.2020
13:04:53
4. In W.P.(C) 11819/2018, the following order was passed on
23.09.2019:
"1. Vide order dated 20.09.2019 this Court after
recording the submission of-the learned counsel for the
respondent nos.2 & 3 that they were willing to pay the
amount as quantified in their counter affidavit i.e. Rs.
15,11,438/- in ten instalments, had adjourned the matter at
the request of the learned counsel for the petitioner to enable
him to obtain instructions as to whether the said offer made
by the respondent nos.2 & 3 was acceptable to the petitioner.
2. Today, learned counsel for the petitioner submits
that in order to amicably settle the matter, the petitioner is
agreeable to the aforesaid offer made by the respondent
nos.2 & 3 and is willing to accept the amount of Rs.
15,11,438/- in ten instalments. It may be noted that out of the
aforesaid amount, a sum of Rs. 1,00,000/- has already been
paid to the petitioner on 20.09.2019 and, therefore, the
remaining amount will be paid in nine equal instalments
beginning from 07.10.2019.
........"
5. The learned Senior Advocate for the management submits, upon
instructions, that the said payments shall be continued to be paid as directed.
The assurance is accepted.
6. The petitioners have since superannuated, therefore, the emoluments
due to them apropos the Seventh Pay Commission would be paid to the
petitioners the moment the management, starts paying the same to its other
employees.
W.P.(C) 11783-11801-11819/2018
Signature Not Verified
Digitally signed By:KAMLESH
KUMAR
Signing Date:28.02.2020
13:04:53
7. However, should the petitioners be aggrieved by inordinate delay or
for any other reason, in the payments of monies, in terms of the Seventh Pay
Commission, liberty is granted to them to take remedies as per law.
8. The petitions are disposed-off in the above terms.
NAJMI WAZIRI, J
FEBRUARY 19, 2020
AB
W.P.(C) 11783-11801-11819/2018
Signature Not Verified
Digitally signed By:KAMLESH
KUMAR
Signing Date:28.02.2020
13:04:53
