Beena Arora And ORS v. Directorate Of Education And ANR

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BEENA ARORA AND ORS .....Petitioners Through:

Ms. Madhumita Bhattacharjee, Advocate.

versus DIRECTORATE OF EDUCATION AND ANR .....Respondents Through:

Mr. Yeeshu Jain ASC with Ms.

Jyoti Tyagi, Advocate for R-1.

Mr. R.K. Kapoor, Mr. Puneet Singh Bindra, Ms. Charu Modi, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 05.05.2025 CM APPL. __/2023 (for substitution of petitioner No. 7 by legal heirs) [filed under Diary No. 451025/2023] & CM APPL. ___/2023 (condonation of delay in filing substitution application) These applications have been filed in the year 2023 for substitution of the legal representatives of deceased petitioner No. 7-Ms. Megha Malhotra. Although the applications are stated to be under objection, copies have been handed up in Court and are taken on record, with the consent of learned counsel for the parties.

There are three applicants, being the husband and two children of late Smt. Megha Malhotra, namely Mr. Sunil Malhotra, Ms. Shobita, and Mr. Arpit Malhotra. The death certificate of Smt. Megha Malhotra, which The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

shows that she passed away on 05.04.2021, has been annexed to the applications. It is stated that the three applicants are the only legal representatives of deceased petitioner No. 7. 3.

With the consent of learned counsel for the parties, the Registry is directed to number the said applications, which are taken on Board and allowed.

4.

Learned counsel for the petitioners is directed to file an amended memo of parties by tomorrow, i.e., 06.05.2025. W.P.(C) 7878/2017 & CM APPL. 32555/2017 (for interim directions) Further to the order dated 28.04.2025, learned counsel for the petitioners and respondent No. 2-Sant Nirankari Public School, have entered into a Settlement Agreement dated 05.05.2025, a copy whereof has been handed over to the Court and is taken on record. Original petitioner No. 5-Smt. Asha Gera was substituted by her legal representatives - Mr. Nitin Gera and Mrs. Sarita Girotra-by virtue of the Registrar's order dated 20.07.2023 in CM APPL. 12723/2023. Original petitioner No. 7 (Smt. Megha Malhotra) has been substituted by her legal representatives by the order passed above, in CM APPL. ___/2023 & CM APPL. _____/2023 [filed under Diary No. 451025/2023].

3.

The settlement provides for payment of various amounts by the School to the petitioners or, in the case of deceased petitioner Nos. 5 and 7, their legal representatives. The amounts payable to each of the petitioners has been settled as follows:- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

"SI. No.

Name of First Party(ies) Total Settlement Amount (₹) Beena Arora 14,00000/- Saroj Khatter 5,00,000/- 3.

Arun Bhardwaj 5,00,000/- 4.

Ramesh Kumari 5,00,000/- 5.

Asha Gera (Since deceased) Through her LR's, i). Nitin Gera-2,50,000/- ii) Sarita Girotra2,50,000/- 6.

Sonia Advani 14,00000/- 7.

Megha Malhotra (Since deceased) Through her LR's (Husband) Sh.

Sunil Malhotra 10,00,000/- 8.

Nitu Pritam 22,00000/- 9.

Navneet Malik 21,00000/- Shashi Awasthi 14,00000/- Neelu Sikka 14,00000/- Total 4.

The Settlement Agreement is signed by petitioner No. 1 as authorised representative of all the petitioners. The settlement is supported by an authorisation of the petitioner Nos. 2 to 11 in favour of petitioner No. 1. The authorisation is signed by the legal heirs of petitioner No. 5 and the husband of petitioner No. 7, since deceased. 5.

Learned counsel for the parties confirm the terms of the settlement. Learned counsel for the petitioners states that she has consulted with each of the petitioners/their legal representatives, who have accepted the terms of settlement. The settlement terms are therefore accepted. 6.

The amount of Rs. 14 lakhs, as settled in favour of Ms. Beena Arora, is to be released after deduction of Tax Deducted at Source. A cheque for Rs. 10,27,628/- has been handed over in Court, which is accepted by learned counsel for petitioner No. 1, who is also herself present in Court.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

As there is no Power of Attorney, nor any affidavit of other petitioners affirming the amounts payable on settlement, the amounts payable to them will be paid by the School upon filing of affidavits by the petitioners, confirming that the amounts to be paid will settle their claims in full. In the case of petitioner No. 5, since deceased, the affidavits will be filed by both her legal heirs, and in the case of petitioner No. 7, affidavits will be filed by all three legal heirs. The affidavits will also state in whose name(s) the settlement amount is to be released, in respect of the deceased petitioners.

8.

As far as the petitioners other than petitioner No. 1, are concerned, the amounts will be released, within four weeks after furnishing affidavits in the terms stated above, both to the School and filing of the same before this Court.

9.

The writ petition, alongwith the pending applications, is disposed of with these directions.

PRATEEK JALAN, J MAY 5, 2025 'Bhupi/JM'/ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.