Gurmeet Kaur v. Vinay Bhusan

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1090/2019 & C.M. No. 53405/2019 GURMEET KAUR ..... Petitioner Through:

Mr. Ajay Kumar Agarwal, Advocates.

versus VINAY BHUSAN ..... Respondent Through:

Ms. Mini Pushkarna, Advocate for GNCTD with Ms. Swagata Bhuyan, Ms. Khushboo Nahar, Ms. Latika Malhotra, Advocates with Mr. R. K.

Tyagi, OSD, Zone-28 for responden/Directorate of Education.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 07.01.2020 1.

The present contempt petition has been filed by an employee of Guru Harikishan Public School, Karol Bagh, New Delhi alleging non compliance by the respondent of order dated 30.10.2018 passed by this Court in W. P. (C) No.11168/2018.

2.

Learned counsel for the petitioner submits that vide order dated 30.10.2018, this Court had directed the respondent to decide the petitioner's pending representation dated 05.04.2017 within a period of four weeks, which direction has not been complied with despite the elapse of more than one year since the order was passed. Consequently, the petitioner is suffering great financial hardship as she is not being paid her due salary by the school.

3.

Learned counsel for the respondent who appears on advance notice, while not disputing that the respondent had been directed by this Court to decide the petitioner's representation dated 05.04.2017 within a period of four weeks, submits that the draft speaking order has already been prepared and is pending approval. She therefore prays for further one week's time to decide the petitioner's representation dated 05.04.2017 in terms of the Court's order dated 30.10.2018.

4.

Even though there is no justification for granting any further time to the respondent to decide the representation as it is clearly in breach of specific directions passed by this Court, but in light of the respondent's stand that the representation will be positively decided within one week; last opportunity of one week is granted to the respondent, subject to payment of costs of Rs.20,000/- to the petitioner, to decide the petitioner's representation dated 05.04.2017 by way of a reasoned and speaking order.

5.

It is made clear that in case the representation is not decided or the costs remain unpaid within this period of one week, the petitioner would be at liberty to seek revival of the present contempt petition. 6.

The contempt petition is disposed of, in the above terms. REKHA PALLI, J JANUARY 07, 2020 ssc