High Court of DelhiW.P.(C)/3200/2020

Pragya Gupta v. Director Of Education And ORS

2020-05-20Hon'Ble Mr. Justice A. K. Chawla2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P. (C) 3200/2020, CM APPLs. 11123-24/2020 PRAGYA GUPTA .......Petitioner Through:

Mr. Aftab Rasheed, Adv.

versus DIRECTOR OF EDUCATION & ORS.

.....Respondents Through:

Ms. Avnish Ahlawat, Standing Counsel (Services) for the GNCTD with Ms. Palak Rohmetra, Adv. for R-1 & R-3.

Mr. Rohit Bhardwaj, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE A.K. CHAWLA

O R D E R

% 20.05.2020 (Video Conference Hearing) CM APPL. 11124/2020 (Exemption) This application seeks exemption from filing the attested copy of the affidavit, etc. Allowed, subject to just exceptions. W.P. (C) 3200/2020 & CM APPLs. 11123/2020 (for direction) By the instant writ petition, the petitioner, who joined the respondent no. 2 - Jain Girls Secondary School as PGT on probation on 13.08.2018 seeks issuance of a writ of mandamus for being released dues payable to her towards salary etc. since December, 2019.

Ms. Ahlawat, ld. Standing Counsel for the respondent nos. 1 & 3 on her part submits that the respondent no.2 school is an aided school and that the petitioner was employed/engaged by the respondent no. 2 without following the guidelines, instructions and the regulations and that therefore, an

appropriate action has been initiated by the respondent no.1. Learned counsel for respondent no. 2 on his part submits that there was no irregularity in the appointment of the petitioner and the show cause notice issued by respondent no. 1 is being contested. Let it be so. The fact remains, the petitioner having been engaged and having rendered her services, she cannot be deprived of her dues towards salary etc.

Taking into account the totality of facts and circumstances especially, the fact that the respondent no. 2 is an aided school, the writ petition is disposed of with the direction to respondent nos. 1 & 3 to ensure the release of the salary etc. to the petitioner within 30 days from today, with the liberty reserved to respondent nos. 1 & 3 to decide on remaining aspects at its own end in accordance with law. The writ petition and the pending application stand disposed of accordingly.

A.K. CHAWLA, J MAY 20, 2020 acm