Guru Nanak Public School & Anr v. Mrs Dhanwant Kaur Butalia & Ors

Delhi High Court · 03 Feb 2015 · 2015:DHC:11575-DB
Pradeep Nandrajog; Pratibha Rani
LPA 84/2014 & LPA 85/2014
2015:DHC:11575-DB
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed appeals against orders dismissing review petitions, holding that no appeal lies against review orders and factual issues regarding compliance and settlements are to be addressed in contempt proceedings.

Full Text
Translation output
$-13 & 14 HIGH COURT OF DELHI
LPA 84/2014
GURU NANAK PUBLIC SCHOOL &ANR Appellants Represented by: Mr.Pramod K.Sharma, Adv.
VERSUS
MRS DHANWANT KAUR BUTALIA &ORS. Respondents Represented by: Mr.Gursharan Singh, Adv. tor R-4
AND
LPA 85/2014
GURU NANAK PUBLIC SCHOOL •• -Appellant
Represented by: Mr.Pramod K.Sharma, Adv.
VERSUS
MR DAVINDER KAUSHIK & ORS.
Represented by: Mr.Gursharan Smgh, Adv. lor R-4i
HON^EMR. JUSTICEPRADEEPNANDRAJOG
HON'BLE MS. JUSTICE PRATIBHA RANI
ORDER o/„ 03.02.2015
CMNo.1745/7.014 in LPA No.84/2014 CM No.1750/2014 in LPA No.85/2014
Allowed.
T,PA No.84/2014 & LPA No.85/2014
JUDGMENT

1. The orders challenged in LPA Nos. 84/2014 and 85/2014 are dated September 13, 2013 and September 17, 2013 respectively. Review petitions Nos.451/2013 and 462/2013 have been dismissed. LPANos.84-85/2014 2015:DHC:11575-DB ♦ J ^ 13 -

2. It is settled law that no appeal lies against an order disposing of a review petition.

3. At this stage learned counsel for the appellants states that in compliance with the original orders dated May 23, 2013, review whereof was sought by the appellants, directing the appellants to implement the recommendations of the Sixth Central Pay Commission in the school in question as per circular dated February 11, 2009 issued by the Director of Education payments have been made in terms ofasettlement arrived at with the teachers who have agreed to receive the deamess allowance not for the entire periodandat the agreed rate.

4. Learned counsel for the respondents disputed that all teachers have entered into a settlement.

5. We are not going into this issue for the reason it would require an appraisal offacts. We simply note that pertaining to the orders dated May 23, 2013 review whereof was declined vide impugned orders dated September 13, 2013 and September 17, 2013, contempt proceedings are pending. In said proceedings the contempt Court would obviously consider the plea ofthe appellants that a settlement has been arrived at between the management ofthe school andtheteachers.

6. The appeals are dismissed as not maintainable.

7. No costs. CM No.1741/2014 in LPA No. 84/2014 CM N0.1746/2Q14 in LPA No.85/2014 Dismissed as infructuous. ^ i ' NANDRMOG, J. PRADEEP NAN pWrffiHA RANI, J. FEBRUARY 03, 2015