Queen Marry S School v. Kavita Mishra

1. Present petition filed by the Petitioners assails the judgment dated 26.08.2016 passed by the Delhi School Tribunal in Appeal No. 65/2013, whereby the Tribunal set-aside the order dated 18.07.2013, terminating Respondent No. 1 herein, on the ground that the termination order was passed without following the procedure laid down in Rules 118 to 120 of the Delhi School Education Act and Rules, 1973 and directed reinstatement. With respect to back-wages, the Tribunal gave liberty to Respondent No. 1 to file a representation with the Petitioners herein, in view of Rule 121 of the said Act.

2. When the matter was listed before this Court on 18.11.2022, the Court noted that Respondent No. 1 has already reached the age of superannuation on 04.01.2022 and even if she would succeed, there Neutral Citation Number: 2022/DHC/005294 W.P.(C) 15345/2022 would be no reinstatement and at best, she would be entitled to monetary benefits for eight and a half years. In view of this, the Court had put to the parties if they were willing to explore the possibility of an amicable settlement by the Petitioners making a payment of a reasonable lump-sum amount to Respondent No. 1. Manager of the Petitioners-School as also Respondent No. 1 were directed to remain present.

3. Parties have amicably resolved their disputes and it is agreed that Petitioners shall pay a sum of Rs. 28,00,000/- to Respondent No. 1 in three equal installments, without any deduction and the payment shall be cleared on or before 31.03.2023. It is agreed that this payment shall be received by Respondent No. 1 in full and final settlement of all her dues and no further claim shall be made against the Petitioners for notional reinstatement or any other benefit. Needless to state, parties shall be bound by the Terms of Settlement, as aforementioned.

4. Petition is disposed of in the above terms along with the pending application.