Shakti Mandir Premwati Public School v. Usha Kiran Verma & Ors.

1. By this writ petition challenge is laid to the order dated 26.2.2013 of the Delhi School Tribunal which has directed imprisonment of the Manager of the 2013:DHC:1458 School in exercise of the powers under Section 27 of the Delhi School Education Act, 1973.

2. Counsel for the petitioner has today handed over eight pay orders of the value of Rs.6,10,000/- (Rupees six lacs ten thousand only) each to the counsel appearing for respondent nos. 1 to 8. The total amount therefore paid to each of the eight respondents would be Rs. 7 lacs as Rs. 90,000/- has been deducted towards TDS. Counsel for the petitioner states that TDS certificate will be given to the respondent nos. 1 to 8 within 15 days after expiry of the statutory period of deposit of TDS.

3. Counsel for the petitioner states, and which is agreed to by the counsel for respondent nos. 1 to 8, that, the balance payment will be made by the petitioner to the respondent nos. 1 to 8 within a period of 4 ½ months from today, and which will be the complete balance payment in terms of the order dated 11.5.2012 read with the impugned order dated 26.2.2013 of the Delhi School Tribunal.

4. It is agreed that the petitioner through its Chairman will, within a period of one week from today, file in this court an undertaking to comply with the present order, and subject to giving of which undertaking, and complying with the present order, the impugned order dated 26.2.2013 is set aside.

5. Counsel for the petitioner also states that on the respondent nos. 1 to 8 giving their share of the provident fund within a period of six months from today, the petitioner-school will give their shares of the provident fund, and the total provident fund amount with respect to each of the respondents no. 1 to 8 will thus be forthwith deposited with the appropriate authority being the Provident Fund Commissioner. Counsel for the petitioner-school will calculate the amount which is to be deposited by each of the respondent nos. 1 to 8 towards their share of the provident fund and will inform the same within two weeks from today.

6. At this stage, it is agreed that since the petitioner agrees that the payment as calculated by the Delhi School Tribunal in terms of the impugned order dated 26.2.2013, will now be cleared on or before 4 ½ months from today, and also subject to the petitioner filing an undertaking under his Chairman and nothing survives so far as the present writ petition is concerned, and which is accordingly disposed of with liberty to the respondent nos. 1 to 8 to initiate appropriate proceedings either before this Court or before the Delhi School Tribunal, in case of non-compliance of today’s order.

7. Without in any manner diluting the requirement of paying within 4 ½ months, it is clarified that for any delay in payment, in addition to the Manager and Chairman of the School being responsible for Contempt of Court, the petitioner will also be liable to pay interest on unpaid arrears amount at 18% per annum simple for the period beyond 4 ½ months.

8. Counsel for the petitioner states that the respondent nos. 1 to 8 will be given the necessary experience certificates and which will comply with the orders which were passed earlier by this court in the writ petition and the LPA as also by the Delhi School Tribunal. This aspect be also included in the undertaking to be filed by the Chairman to the School in this Court.

9. I may also state that it is agreed between the parties that with respect to the amount due as of today to the respondent nos. 1 to 8 though time of 4 ½ has been granted for payment of the balance amount, no interest will run for this period of 4 ½ months.

10. The impugned orders are therefore set aside subject to the petitioner-school complying with the terms of the present order.

11. The writ petition is disposed of with the aforesaid observations.

12. Dasti to counsel for the parties.

MARCH 18, 2013 VALMIKI J. MEHTA, J. ib