Yogita v. Director Of Education And ORS

$~58 to 60 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 14686/2023 POOJA VERMA .....Petitioner versus DIRECTORATE OF EDUCATION AND ORS .....Respondents + W.P.(C) 15058/2023 YOGITA .....Petitioner versus DIRECTOR OF EDUCATION AND ORS .....Respondents + W.P.(C) 15061/2023 PRIYANKA TIWARI .....Petitioner versus DIRECTORATE OF EDUCATION AND ORS .....Respondents Appearance:

Mr. Romy Chacko, Sr. Advocate with Mr. Sachin Singh Dalal, Mr. Joe Sebastian and Mr. Akshat Singh, Advocates for petitioners in Item nos. 58 to 60. Mrs.

Avnish Ahlawat, SC with Ms.

Laavanya Kaushik, Ms. Aliza Alam, Mr. Mohnish Sehrawat and Mr. Amitoj Chadha, Advocates for R-1 to 3 in Item nos. 58 & 59.

Mr. Abdul Shakoor Aazad, Asstt. to DOE (Zone 26) in Item No. 59

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 12.03.2025 CM APPLs. 15077/2025 in W.P.(C) 14686/2023 (Disposed off case) CM APPLs. 15068/2025 in W.P.(C) 15058/2023 (Disposed off case) The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

CM APPLs. 15067/2025 in W.P.(C) 15061/2023 (Disposed off case) 1.

The respondent No. 4/Association has filed these applications for extension of time for compliance with the order dated 18.02.2025. 2.

The writ petitions concerned challenges to show cause notices issued by the Association to the petitioners, on the basis of directives of the Directorate of Education ["DoE"]. The petitions were disposed of on 18.02.2025, with the following directions:

"7. Having regard to these submissions, the writ petitions are disposed of, with the consent of learned counsel for the parties, with the following directions:

a. The writ petitions will be treated as the petitioners' responses to the impugned show cause notices issued by the Association.

b. The Association will grant personal hearing to each of the petitioners within a period of two weeks from today. The date, time and venue of the hearing will be communicated to the petitioners, also through their learned counsel, at least three days in advance.

c. The Association may pass further orders after hearing the petitioners, within a period of two weeks thereafter. The Association is directed to consider the matter independently, in light of the report of the Directorate of Vigilance, and the responses thereto submitted by the petitioners in these petitions. The decisions be taken after compliance of the rules of natural justice, in accordance with law.

e. In the event an order of termination is passed, it will be open to the petitioners to take legal recourse against the same, as available to them in law.

f. As the petitioners' status, at present, is that they remain employees of the School/Association, they are entitled to be paid their salaries until the order of termination, if any, is passed. The respondents are directed to release arrears of unpaid salaries to them within a period of two weeks from today. The release of the amounts, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

however, will be subject to restitution, in the event the matter is ultimately decided against the petitioners, if and in the manner permissible in law."

[Emphasis supplied.] 3.

Learned counsel for the parties submit that the disciplinary committee has been constituted and one meeting has been held, but the proceedings could not be concluded within the period specified in the said order. The Association seeks a further period of four weeks from today to complete the formalities. Learned counsel for the petitioner and DoE also concur the suggestion.

4.

The periods provided in paragraph 7(b) and 7(c) of the order are further extended until the period of four weeks from today, for conclusion of the proceedings.

5.

Mr. Romy Chacko, learned Senior Counsel for the petitioners, submits that paragraph 7 (f) of the order has not been complied with, in as much as the arrears of unpaid salary have not been released to the petitioners. The Association is directed to do so within a period of ten days from today, failing which the petitioners will be at liberty to institute contempt proceedings.

6.

The applications are therefore disposed of.

PRATEEK JALAN, J MARCH 12, 2025 'vc'/kb/ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.