Anjali Batra v. The Manager, Beni Prasad Jaipuria Public School & ORS.

$~11 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 10790/2021 and CM APPL.

37553/2024, CM APPL.59869/2024, CM APPL. 61318/2024 ANJALI BATRA .....Petitioner Through:

Mr.R.K. Bhardwaj, Advocate.

versus THE MANAGER, BENI PRASAD JAIPURIA PUBLIC SCHOOL & ORS.

.....Respondents Through:

Ms. Nandita Abrol, Mr. Naveen Mishra, Mr. Lakshay Luthra, Ms.

Shaurya Abrol and Ms. Palak Garg, Advocates for R-1 with Mr.

Pramod Kumar Mittal, Managar.

Mr. Yeeshu Jain, ASC with Ms.

Jyoti Tyagi and Mr. Varun Jangir, Advocate for R-3/GNCTD.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 25.03.2025 1.

The petitioner has filed this writ petition for payment of gratuity, in respect of her service with the respondent no.1 - School for the period 01.09.1998 until her resignation on 30.11.2019. 2.

She served as a Teacher for the period 01.09.1998 to 05.12.2001, when she was promoted ad-hoc to the post of Headmistress. She was confirmed to the post of Headmistress on 05.12.2001. 3.

The petitioner, firstly, claims that her pay scale has to be fixed in terms of the recommendations of the 7th Central Pay Commission W.P.(C) 10790/2021 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 27/03/2025 at 15:07:32

["CPC"], w.e.f. 01.01.2016 and that her gratuity must also be released. 4.

As far as the fixation of pay is concerned, Ms. Nandita Abrol, learned counsel for respondent no. 1, accepts that the petitioner is entitled to pay in terms of the recommendations of the 7th CPC. 5.

The School is directed to compute the amount within six weeks, and make the payment thereof of any arrears to the petitioner in four equal instalments, on or before 31.05.2025, 31.07.2025, 30.09.2025 and 30.11.2025.

6.

As far as the gratuity is concerned, the petitioner's entitlement will also be calculated in accordance with the Payment of Gratuity Act, 1972 [the "Act"]. If the petitioner has any grievances with regard to release of gratuity, she is at liberty to approach the authorities under the Act. 7.

The writ petition, alongwith pending applications, is disposed of in terms of the aforesaid directions.

PRATEEK JALAN, J MARCH 25, 2025 Uk/kb/ W.P.(C) 10790/2021 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 27/03/2025 at 15:07:32