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High Court of DelhiCONT.CAS(C)/676/2019

Dinesh Chand v. M P Jaipuria & ORS

2025-05-20Hon'Ble Mr. Justice Vikas Mahajan3 pages

$~12 & 13 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CONT.CAS(C) 671/2019 and CM APPL. 15943/2025 SADHNA PAYAL .....Petitioner Through:

Mr.

Anuj Aggarwal, Ms.

Divya Aggarwal and Mr. Pradeep Kumar, Advocates.

versus M P JAIPURIA & ORS .....Respondents Through:

Dr. M.Y. Khan, Advocate with Mr.

Rohit Chopra, Manager of the School.

Mrs. Avnish Ahlawat, Standing Counsel, GNCTD (Services) with Mr. Nitesh Kumar Singh, Ms.

Laavanya Kaushik, Ms. Aliza Alam, Mr. Mohnish Sehrawat and Mr. Amitoj Chadha, Advocates.

+ CONT.CAS(C) 676/2019 and CM APPL. Nos. 15933/2025 and 15937/2025 DINESH CHAND .....Petitioner Through:

Mr.

Anuj Aggarwal, Ms.

Divya Aggarwal and Mr. Pradeep Kumar, Advocates.

versus M P JAIPURIA & ORS .....Respondents Through:

Dr. M.Y. Khan, Advocate with Mr.

Rohit Chopra, Manager of the School.

Mrs. Avnish Ahlawat, Standing Counsel, GNCTD (Services) with Mr. Nitesh Kumar Singh, Ms.

Laavanya Kaushik, Ms. Aliza Alam, Mr. Mohnish Sehrawat and Mr. Amitoj Chadha, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 20.05.2025 1.

The learned Delhi School Tribunal vide order dated 19.04.2016 had directed for reinstatement of petitioners with immediate effect with further The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

direction to pay full back wages to them along with all consequential benefits from the date of the order and onwards. 2.

Insofar as back wages are concerned, learned Delhi School Tribunal had directed that in view of Rule 121 of the Delhi School Education Act and Rules, 1973 ('Rules', in short), the petitioners will make exhaustive representation to the School within four weeks from the date of the aforesaid order as to the manner in which the petitioners will be entitled to full back wages.

3.

This Court vide order dated 27.03.2025 had recorded that insofar as the back wages for the period from the date of termination, i.e., 30.07.2012 till the passing of the order of the learned Delhi School Tribunal on 19.04.2016 is concerned, the same has to be computed in terms of Rule 121 of the Rules.

However, as regards the back wages for the period post passing of order by the learned Tribunal, the direction of the learned Tribunal is unambiguous and it directs for payment of full back wages along with all consequential benefits.

4.

Mr. Rohit Chopra, Manager of the School had sought time to seek instructions from the Management as to whether the Management is willing to comply with the order of the learned Delhi School Tribunal insofar as the payment of full back wages from the date of the order of the learned Delhi School Tribunal i.e. 19.04.2016 till petitioners' reinstatement, is concerned. 5.

Mr. Chopra submits that he has instructions to state that the full back wages for the period from the date of order of the learned Delhi School Tribunal i.e. 19.04.2016 till the reinstatement of petitioners i.e. 09.05.2019 will be paid within a period of eight weeks. The statement is taken on record and the respondents shall remain bound by the same. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6.

Insofar as the petitioners' entitlement to the back wages from the date of their termination i.e. 30.07.2012 till the passing of the order of the learned Delhi School Tribunal i.e. 19.04.2016 is concerned, the School is at liberty to compute the same in terms of Rule 121 of the Rules and pass an order with regard to the same, within a period of eight weeks from today. 7.

In view of above, no further orders are called for. Petitions stand disposed of in above terms.

8.

However, liberty is granted to the petitioners to revive their petitions in case the order is not complied with.

9.

Pending applications stand disposed of.

VIKAS MAHAJAN, J MAY 20, 2025/jg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.