Sudha Sharma And Others v. State Of Haryana And Others

CWP-11360-2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-11360-2017 Date of Decision :19.07.2017 SUDHA SHARMA AND OTHERS .....Petitioners

Versus

STATE OF HARYANA & ORS .....Respondents CORAM : HON'BLE MR. JUSTICE AMOL RATTAN SINGH

Present:

Mr. G.S.Sullar, Advocate for the petitioners.

Mr. Hitesh Pandit, Addl. A.G. Haryana.

Mr. Anuj Raura, Advocate for respondent No.5.

Ms. Pooja Aganpal, Advocate for respondents no.6 and 7.

*** AMOL RATTAN SINGH, J. (ORAL) The petitioners in this case are seeking a direction that their salaries as teachers in the Dev Samaj Vidya Niketan Sr. Sec. School, New Colony, Gurugram, be released, which is not being released on account of a dispute between respondent no.5 on the one hand and respondents no.6 and 7 on the other.

The dispute is with regard to the management of the school, with respondent no.5, i.e. the Dev Samaj Society, claiming that it has a right to appoint the management including the Principal, but with respondents no.6 and 7 denying any such right to the Society, contending that the school does not fall under the Society in any manner. SUNIL DEVI 2017.07.19 16:58 I attest to the accuracy and integrity of this document

CWP-11360-2017 -2That dispute is already stated to be subject matter of a civil suit filed by respondent no.6.

Consequently, without going into that issue at all, in any manner whatsoever, which would be considered by the appropriate court, it is directed that the salaries of the petitioners be released to them immediately forthwith, within a period of one week from today, the cheque to be issued to be signed by the Manager appointed by respondent no.5 and the Principal of the school, i.e. respondent no.6. It is made absolutely clear that the direction by this Court for signatures by the Manager appointed by respondent no.5, in no way and manner would reflect on the merits of the controversy between respondent no.5 on the one hand and respondents no.6 and 7 on the other. The direction given above, for signatures on the cheque, is only to ensure that salaries are paid to the teachers without any controversy on such payment of salaries. The civil Court would obviously consider the dispute between the parties to the lis before it, wholly on its own merit, regardless of this order.

(AMOL RATTAN SINGH) JUDGE July 19, 2017 Sunil Devi Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SUNIL DEVI 2017.07.19 16:58 I attest to the accuracy and integrity of this document