Meena Dua v. Directorate Of Education & ANR.

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1253/2025 MEENA DUA .....Petitioner Through:

Mr. Hriday Gandhi, Mr. Navneet and Mr.

Aditya Awasthi, Advocates.

versus DIRECTORATE OF EDUCATION & ANR.

.....Respondents Through:

Mr. Yeeshu Jain, ASC with Ms.

Jyoti Tyagi and Ms. Priya Shukla, Advocates for R-1.

Mr. Dipesh Dwivedi and Mr.

Ashish Kumar Pandey, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 25.04.2025 1.

Further to the orders dated 31.01.2025 and 20.03.2025, the respondent - S.K.R. Public School ["School"] has filed an affidavit dated 25.04.2025, in which the dues of the petitioner, on account of gratuity amounting to Rs. 12,99,375/-, have been admitted. 2.

However, it has been stated as follows:

"8. That the Respondent No. 2 is not in position to Pay the Gratuity amount Rs. 12,99,375/- of the Petitioner in one go as facing lack of funds, and accordingly the Respondent No 2 vide letter dated 31-082024 made an offer to clear the same vide equated monthly instalment but the Petitioner refused to accept the said offer.

9. That the Respondent No. 2 never ever denied to pay the Gratuity or any other Due of its Employee and tried its best to pay the same to their employee at attaining the superannuation. The copy of the W.P.(C) 1253/2025 Page 1 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/04/2025 at 14:41:25

payment schedule of Gratuity as the Respondent No. 2 is paying to its superannuated Employees is also being annexed herewith as ANNEXURE R-2.

10. That the Respondent No. 2 is neither denying to pay the Gratuity amount nor rejecting to do so. The Respondent No. 2 is ready to pay the same but in instalments of Rs. 50,000/-per month from July Onwards subject to availability of funds in account of the school & exigency expenses."

3.

Having heard learned counsel for the parties, and with their consent, the writ petition is disposed of with the direction that the amount of Rs.12,99,375/-, will be paid by the School in the following instalments:

A. Three instalments of Rs.1,00,000/-, each payable on or before 31.05.2025, 30.06.2025 and 31.07.2025.

B. Nineteen further instalments of Rs.50,000/-, each payable by the end of each calendar month thereafter, i.e. from 31.08.2025 to 28.02.2027.

C. The last instalment of the balance amount [Rs. 49,375/-], payable by the end of the next calendar month, i.e. by 31.03.2027. 4.

It is made clear that if any instalment is not paid within the time granted by this Court, it will carry interest at the rate of 10% p.a. The failure to pay two consecutive instalments within time, will result in the entire amount becoming due forthwith, and will also carry interest at the aforesaid rate. An undertaking to pay in these instalments will be filed by the Chairperson of the School Managing Committee within one week from today.

PRATEEK JALAN, J APRIL 25, 2025/SS/AD/ W.P.(C) 1253/2025 Page 2 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/04/2025 at 14:41:25