Krishna Model Secondary School v. Hoshiari Devi & ORS
$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 161/2016 & CM No. 8958/2016 KRISHNA MODEL SECONDARY SCHOOL ..... Appellant Through:
Mr. C. Hari Shankar, Sr. Advocate.
Mr. S. Sunil, Advocate.
Mr. Ashley Charian, Advocate.
versus HOSHIARI DEVI & ORS ..... Respondents Through:
Mr. Ajay Kumar, Advocate for R-1.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA
O R D E R
% 12.05.2016 The Manager of the Appellant's School as well as the respondent is present in Court.
The present appeal is directed against the judgment of the learned Single Judge rejecting the writ petitioner's (Management) petition under Article 226. The Management had complained that the order of the School Tribunal directing reinstatement of the teacher with 50% back wages for the period from 02.12.1996 to 18.07.2008 and payment of 100% arrears of salary for the balance period till the date of superannuation i.e. March 2015 was unjustified. During the course of the proceedings, the Court had required the parties to make attempt to resolve their differences. In the course of the
proceedings, the parties had even filed affidavits showing calculations and what possible compromise proposal was acceptable to each of them. Today, learned counsel for the parties agreed - upon the instruction by their respective clients (i.e. the writ petitioner Management/School on the one hand and the respondent/ teacher on the other) that upon payment of Rs. 40 lacs in full discharge of its liability, the parties would be deemed to fully and finally settle all the disputes. It was also submitted that this lumpsum amount would include all respondent's claim towards retirement benefits, provident fund and gratuity etc.
Accordingly, it is hereby directed that upon the appellant paying a sum of Rs. 40 lacs to the respondent/teacher, all its liabilities and obligations towards satisfaction of the award shall be deemed discharged. The Management shall ensure that the entire amounts are paid within 12 weeks from today, of this, a sum of Rs. 15 lacs shall be paid within 4 weeks from today.
The appeal is disposed of in above terms.
S. RAVINDRA BHAT, J DEEPA SHARMA, J MAY 12, 2016 sapna