High Court of DelhiCONT.CAS(C)/211/2016

Rajvinder Kaur v. Harmit Singh Kalka & ANR

2016-10-19Hon'Ble Mr. Justice Manmohan2 pages

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 211/2016 RAJVINDER KAUR ..... Petitioner Through Mr.J.S.Lamba with Mr.Dashrath Raghav, Advocates.

versus HARMIT SINGH KALKA & ANR ..... Respondents Through MsAstha Sharma, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 19.10.2016 Present contempt petition has been filed alleging wilful disobedience of the order dated 6th October, 2015 passed in W.P.(C) No.9523/2015, whereby the Court directed the respondent-Guru Harkishan Public School to decide the application filed by the petitioner for release of arrears of salary and dues in the light of the decision taken in Smt. Mridul Sharma vs. Director of Education & Ors., 2010 SCC Online Del. 2633 and Anuradha Gulati vs. Directorate of Education and Anr., 2013 SCC Online Del. 2512 within a period of eight weeks and communicate the same to the petitioner within a week thereafter.

On the last date of hearing, the respondents had handed over the order dated 30th May, 2016 disposing of the representation filed by the petitioner.

Today learned counsel for the petitioner states that the

respondents have not decided the issue of arrears of 6th Pay Commission. He, however, states that three instalments of Rs.9,676/- have been deposited in the account of Ms.Rajvinder Kaur. He also states that Ms.Rajvinder Kaur has been orally informed that 36 instalments of Rs. 9,676/- shall be paid to her on account of the arrears of 6th Pay Commission.

Keeping in view the limited order passed by a Coordinate Bench of this Court while disposing of W.P.(C) No.9523/2015, this Court is of the view that the present contempt petition no longer survives. Consequently, the same stands disposed of. However, the respondents are directed to explain to the petitioner in writing within a period of two weeks as to on what basis the 36 instalments of Rs. 9,676/- have been calculated. It is clarified that the petitioner shall be at liberty to file appropriate proceedings in accordance with law to seek recovery of any outstanding amount.

MANMOHAN, J OCTOBER 19, 2016 KA