Delhi High Court
Queen Marry S School & Anr. vs Kavita Mishra & Anr. on 2 December, 2022
Neutral Citation Number: 2022/DHC/005294
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 02nd December, 2022
+ W.P.(C) 15345/2022 & C.M. APPL. 47639/2022
QUEEN MARRY S SCHOOL & ANR. ..... Petitioners
Through: Mr. Anil Dabas, Mr. Sunil
Kumar and Mr. Praveen Kumar, Advocates
along with Mr. Ved Mittal, Chairman of
School, in person.
versus
KAVITA MISHRA & ANR. ..... Respondents
Through: Mr. Om Prakash Mishra,
Advocate for R-1.
Mr. Yeeshu Jain, Standing Counsel with
Ms. Jyoti Tyagi and Ms. Manisha,
Advocates for R-2.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
JUDGEMENT
JYOTI SINGH, J. (ORAL)
1. Present petition filed by the Petitioners assails the judgment
dated 26.08.2016 passed by the Delhi School Tribunal in Appeal
No. 65/2013, whereby the Tribunal set-aside the order dated
18.07.2013, terminating Respondent No. 1 herein, on the ground that
the termination order was passed without following the procedure laid
down in Rules 118 to 120 of the Delhi School Education Act and
Rules, 1973 and directed reinstatement. With respect to back-wages,
the Tribunal gave liberty to Respondent No. 1 to file a representation
with the Petitioners herein, in view of Rule 121 of the said Act.
2. When the matter was listed before this Court on 18.11.2022, the
Court noted that Respondent No. 1 has already reached the age of
superannuation on 04.01.2022 and even if she would succeed, there
Signature Not Verified
By:KAMAL KUMAR
Signing Date:05.12.2022
11:23:53
Neutral Citation Number: 2022/DHC/005294
would be no reinstatement and at best, she would be entitled to
monetary benefits for eight and a half years. In view of this, the Court
had put to the parties if they were willing to explore the possibility of
an amicable settlement by the Petitioners making a payment of a
reasonable lump-sum amount to Respondent No. 1. Manager of the
Petitioners-School as also Respondent No. 1 were directed to remain
present.
3. Parties have amicably resolved their disputes and it is agreed
that Petitioners shall pay a sum of Rs. 28,00,000/- to Respondent
No. 1 in three equal installments, without any deduction and the
payment shall be cleared on or before 31.03.2023. It is agreed that this
payment shall be received by Respondent No. 1 in full and final
settlement of all her dues and no further claim shall be made against
the Petitioners for notional reinstatement or any other benefit.
Needless to state, parties shall be bound by the Terms of Settlement,
as aforementioned.
4. Petition is disposed of in the above terms along with the
pending application.
JYOTI SINGH, J
DECEMBER 02, 2022/sn/shivam
Signature Not Verified
By:KAMAL KUMAR
Signing Date:05.12.2022
11:23:53
