Kawaljit Singh v. Guru Harkrishan Public School And ORS

$~107 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15891/2024 KAWALJIT SINGH .....Petitioner Through:

Mr. Nikhilesh Kumar, Advocate.

versus GURU HARKRISHAN PUBLIC SCHOOL AND ORS .....Respondents Through:

Mr. Abinash K. Mishra, Advocate for Respondents No. 1 and 2/School.

Ms. Latika Choudhary, Advocate for Respondent No.3/DOE.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 21.11.2024 1.

This writ petition has been preferred on behalf of the Petitioner under Article 226 of the Constitution of India for a direction to Respondents No.1 and 2 to release the terminal benefits, i.e. gratuity and leave encashment to the tune of Rs.34,26,604/- along with interest till the date of realisation and also the interim sum of Rs.7.5 Lakhs, in light of the judgment in Shikha Sharma v. Guru Harkrishan Public School and Others, 2021 SCC OnLine Del 5011, wherein the Petitioner herein was one of the Petitioners. 2.

Issue notice.

3.

Mr. Abinash K. Mishra accepts notice on behalf of Respondents No.1 and 2 and Ms. Latika Choudhry accepts notice on behalf of Respondent No.3.

W.P.(C) 15891/2024 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 28/11/2024 at 12:10:31

4.

Petitioner was appointed as Clerk-cum-Typist on 19.12.1986 in the Respondent No.1 School and was subsequently confirmed on 28.08.1990. He retired on superannuation on 30.06.2024 while working on the promoted post of Caretaker from 30.07.1997. Petitioner has earlier approached this Court in a batch of writ petitions in Shikha Sharma (supra) seeking certain reliefs and now seeks retiral benefits along with interim wage of Rs.7.5 Lakhs as per the directions in the said judgment. 5.

Mr. Mishra fairly and candidly submits that the School is bound to implement the judgment in Shikha Sharma (supra) and in consonance with the directions, Rs.7.5 Lakhs as interim measure will be released to the Petitioner within four weeks from today. As far as the remaining retiral benefits are concerned, the same shall be disbursed to the Petitioner as per the time schedule laid down in Shikha Sharma (supra). 6.

Learned counsel for the Petitioner has no objection to this course of action.

7.

Accordingly, this petition is disposed of directing the School to release Rs.7.5 Lakhs to the Petitioner within four weeks from today. The balance amount will be released in terms of the judgment in Shikha Sharma (supra).

JYOTI SINGH, J NOVEMBER 21, 2024 B.S. Rohella W.P.(C) 15891/2024 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 28/11/2024 at 12:10:31