Mohan Lal Gupta v. The President, DAV College Managing Committee and Ors.

1. The petitioner, who was working on the post of Principal in the respondent No.3/School till he had superannuated on 27.3.2013, has filed the present petition praying inter alia for issuance of directions to the respondents No.1 to 3 to release the arrears of the balance gratuity allegedly payable to him and payment of the leave encashment dues in terms of Section 10(1) of the Delhi School Education Act and Rules, 1973.

2. Learned counsel for the petitioner states that an amount of `3,50,000/- was paid by the respondents No.1 to 3 to the petitioner towards his gratuity dues, whereas he is entitled to a sum of `10,00,000/- towards gratuity in accordance with the amendment 2014:DHC:6866 made in respect of Section 4(3) of the Payment of Gratuity Act in the year 2010. She submits that repeated representations were made to the respondents No.1 to 3/School for release of `6,50,000/- towards the balance gratuity dues and leave encashment dues, along with statutory interest, but to no avail. Finally, the petitioner had to issue a legal notice dated 28.10.2014 to the respondents 1 to 3/School, but they remained impervious to the aforesaid notice, thus compelling him to file the present petition.

3. On the last date of hearing, as none was present on behalf of the respondents No.1 to 3/School, learned counsel for the petitioner was directed to give a written intimation of the next date of hearing to the other side. Pursuant to the aforesaid direction, learned counsel enters appearance for the respondents No.1 to 3/School. It has been enquired from him as to whether the DAV College Managing Committee has nominated a Standing Counsel for accepting advance copies of writ petitions. He states that no steps have been taken by them so far, but assures the court that immediate steps shall be taken to nominate a counsel for receiving advance copies of paper books.

4. Needful shall be done within three weeks and the name of the nominated counsel(s) shall be communicated to the Registry for circulation in the cause list.

5. As for the merits of the case, learned counsel for the respondents No.1 to 3 disputes the submission made by the other side that any balance amount towards gratuity is due or payable to the petitioner. He states that the entire gratuity amount as stipulated under the Act has already been released in his favour. He however submits that he does not have any instructions with regard to the leave encashment dues.

6. Having regard to the fact that the issue in the present petition is fairly limited and restricted to the calculation of the exact amount of gratuity and leave encashment dues claimed by the petitioner and denied by the other side, it is deemed appropriate to direct the respondents No.1 to 3 to give its reply to the legal notice dated 28.10.2014 issued by the petitioner within two weeks wherein a stand shall be taken with regard to the amounts claimed as due and payable by the petitioner with a computation. A copy of the said reply shall be furnished to the Director of Education and/or his nominee. The petitioner and a representative of the respondents No.1 to 3 shall appear before the Director of Education and/or his nominee on 12.1.2015 at 3PM.

7. The Director of Education and/or his nominee shall consider the submissions made by the parties and take the assistance of the Accounts Department to compute the amounts, if any, payable to the petitioner towards the balance gratuity and the leave encashment. After hearing the parties, the DOE and/or his nominee shall pass a speaking order under written intimation to both sides within four weeks from the date of conclusion of arguments. If any amount(s) are found to be due and payable to the petitioner, the same shall be intimated to the respondents No.1 to 3/School for it to release the payment within a fixed timeline. The Department shall ensure compliance of its orders.

8. In case either of the parties is aggrieved by the orders passed by the respondent No.4/ DOE, they shall be entitled to seek their remedies in accordance with law.

9. The petition is disposed of. (HIMA KOHLI) DECEMBER 09, 2014 JUDGE mk/rkb