Full Text
LPA 237/2015
SANT NIRANKARI CHARITABLE FOUNDATION (REGD) Appellant
Represented by: Ms.Saahila Lamba, Advocate with Mr.Karuna Chhatwal, Advocate
WPCC^ 1897/2015 SATWANT KAUR Petitioner Represented by: Petitioner No.1 in person.
Represented by: Mr.Rajan Sabharwal, Advocate for R-1
Ms.Saahila Lamba, Advocate with Ms.Karuna Chhatwal, Advocate for R-2.
HON'BLE MS. JUSTICE MUKTA GUPTA
03.07.2015 CMNo.11283/2015
ORDER
1. This is an aoDlication under Order 23 Rule 3 of the Code of Civil T.PA 9.^7/2015 & WPCO 1897/2015 Pa&e 1 of[3] 2015:DHC:11170-DB - Procedure filed by the appellant pleading that during the pendency of the writ petition filed by the first respondent as also the instant appeal, events have taken place resulting in the dispute being resolved. The respondent No.l has sought voluntary retirement with effect from June 01, 2015 which has been accepted by the appellant.
2. As per the settlement ?13,50,000/- (Rupees Thirteen Lacs Fifty Thousand only) are payable to the respondent towards her dues. Salary for the month of May, 2015 in sum of ?46,951/- (Rupees Forty Six Thousand Nine Hundred Fifty One only) is payable additionally.
3. The respondent No.l appears in person and in proof of her identity has produced the identity card issued to her by the Election Commission of ^ India, photocopy whereof is taken on record to bring it on record that the identity of the respondent No.l has been personally verified by us for the reason her counsel is not appearing.
4. Two cheques dated May 27, 2015 and June 02, 2015 drawn on Central Bank of India in sum of ^13,50,000/- (Rupees Thirteen Lacs Fifty Thousand only) and ?46,951/- (Rupees Forty Six Thousand Nine Hundred Fifty One only) have been handed over to the respondent No.l on assurance by counsel for the appellant that both cheques would be honoured.
5. The grievance of the respondent in the writ petition was of being transferred from the school established by the appellant at Pahar Ganj to Govind Puri.
6. In view ofthe voluntary retirement sought by respondent No.1 which has been accepted by the appellant the dispute raised in the writ petition no longer survives for consideration and needless to state the interim measure in respect whereof grievance was raised in the appeal also does not survive LPA 237/2015 & WPCQ 1897/2015 Pase 2 of 3 > for consideration.
7. We have summoned the writ record and have got the writ petition listed before us so that effective orders could be passed in the appeal as well as in the writ petition.
8. The appeal and the writ petition are disposed of as infiuctuous taking on record the statement of respondent No.l that she has no subsisting dispute with the appellant. The signatures of the respondent have been obtained on the order placed in the appeal in token of her acceptance of the correctness of the facts noted in the order and in acceptance of the two cheques received by her.
9. There shall be no order as to costs in the appeal and the writ petition.
PRADEEP NAM)iAjOG, J, MUKTA GUPTA, J. JULY 03,2015 SlVh LPA237/2015 &WPrQ 1897/2015 Page^of.^