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HIGH COURT OF DELHI
Date of Decision: 18th January, 2023
BHAKTI BISWAS ..... Petitioner
Through: Mr. Joydeep Mazumdar and Mr. Vikas Kumar, Advocates.
Through: Mr. Anukul Raj, Mr. Tushar Bhalla, Ms. Nikita Raj and Mr. Anubhav Deep Singh, Advocates for R-1.
Mr. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi and Ms. Manisha, Advocates for R-2.
JUDGMENT
1. Pursuant to the order passed by this Court on 16.01.2023, learned counsel appearing on behalf of Respondent No.1 has come back with instructions.
2. Learned counsel submits that the arrears on account of MACP benefits shall be released to the Petitioner within a period of four weeks from today and the medical benefits as well as the leave encashment shall be released within one week. He, however, states that since there is a dispute pertaining to the appointment of the Head of School (“HOS”), Respondent No.1 be permitted to have the relevant documents approved from the Manager of the School and Neutral Citation Number: 2023/DHC/000513 W.P.(C) 8807/2021 Directorate be directed not to raise any objection, so that there is no impediment in release of the amounts to the Petitioner.
3. In my considered view, the internal dispute between the Respondents can not come in the way of benefits being released to the Petitioner, to which he is otherwise entitled. Accordingly, it is directed that the Directorate will grant approval for release of the amounts in favour of the Petitioner, de hors the fact that the documents have been signed by the Manager and not the HOS.
4. Needless to state that this shall be in the peculiar facts of the case and without prejudice to the rights and contentions of the parties to the lis.
5. The writ petition is disposed of taking the assurance on behalf of Respondent No.1 on record. Pending application also stands disposed of.
JYOTI SINGH, J JANUARY 18, 2023