Ashok Kumar Maheshwari v. Director Of Education And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ASHOK KUMAR MAHESHWARI ..... Petitioner Through:

Mr. Raj Kumar Sherawat, Advocate.

versus DIRECTOR OF EDUCATION AND ORS.

..... Respondents Through:

Mr. Satyakam, ASC for GNCTD and Mr. Nikhil Bhardwaj, Advocate for R-1.

Mr. Puneet Taneja, Advocate for R-2 to 4.

CORAM:

HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA

O R D E R

% 28.01.2016 This matter has been posted for initial preliminary hearing. Counsel for the petitioner has, inter alia, drawn the attention of this Court to another matter instituted in this Court by one Mr. Brij Pal Sharma Vats, who was also employed by one of the schools run by the concerned Society, being Writ Petition (Civil) No. 1199/2006 which came to be disposed off by this Court on 23rd January, 2006, with certain directions, inter alia, permitting the petitioner to move a comprehensive representation raising all his grievances for a decision by the Director of Education, who may examine the same and dispose

it off after giving adequate opportunity to all parties concerned. He points out that the issues raised in that matter were similar to those raised in this petition, i.e., the non-payment of the petitioner's dues in terms of Fourth, Fifth and Sixth Pay Commissions. Issue notice.

Counsel for the respondents enter appearance and accept notice. Counsel for respondent Nos. 2 to 4 submits that without prejudice to the stand of his clients on merits, and without admitting any of the allegations that may have been raised by the petitioner against his clients, his clients will have no objections to this matter being examined by the Director of Education on the same lines as in the matter of Sh. Brij Pal Sharma Vats's which came to be disposed off on 28th March, 2008. Counsel for the petitioner is also agreeable to this approach.

Under the circumstances, and with the consent of parties, this petition is also disposed off with a direction to respondent No.1Director of Education to treat this petition as a representation, whilst also permitting all the parties concerned, including the petitioner, to file all further materials in support of their respective stand before him. The Director of Education may thereafter go into the matter and pass a reasoned order within eight weeks from today in terms of the Delhi School Education Act and the law applicable. It is made clear that this Court has not examined the merits of the matter one way or the other and it would be open to the parties to raise all grievances before the Director of Education.

The petition is disposed off accordingly.

A copy of this order be given dasti.

SUDERSHAN KUMAR MISRA, J JANUARY 28, 2016 AK