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$-76 to 80, 82, 84, 85 and 86 HIGH COURT OF DELHI
CONT.CAS(C) 363/2018
$-76 to 80, 82, 84, 85 and 86 HIGH COURT OF DELHI
CONT.CAS(C) 363/2018
CONT.CAS(C) 364/2018
CONT.CAS(C) 365/2018
CONT.CAS(C) 366/2018
CONT.CAS(C) 367/2018
CONT.CAS(C) 369/2018
CONT.CAS(C) 372/2018
CONT.CAS(C) 373/2018
CONT.CAS(C) 374/2018
RAVINDER SAINI
VANDANA DIDDEE
GITANJALI NIRWAN
SANJAY SINGH KANDARI HARPRET KAUR GILL MADHUSMITA HANDIQUE
SUDfflR PRASAD MANDEEP PARASHAR DAYAWATI Petitioner
Through: Mr. M.A. Niyazi and Ms. Anamika Niyazi, Advs.
RAVINDER SAINI
VANDANA DIDDEE
GITANJALI NIRWAN
SANJAY SINGH KANDARI HARPRET KAUR GILL MADHUSMITA HANDIQUE
SUDfflR PRASAD MANDEEP PARASHAR DAYAWATI Petitioner
Through: Mr. M.A. Niyazi and Ms. Anamika Niyazi, Advs.
VERSUS
BRIG SAMEER LANBA & ORS Respondents
Through: Mr. Sushi! Jaswal, Adv.
Through: Mr. Sushi! Jaswal, Adv.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
16.05.2018 CM No. 20401/2018 in CONT.CAS(C) 363/2018 (for exemption)
CM No. 20415/2018 in CONT.CAS(C) 364/2018 (for exemption)
CM No. 20423/2018 in CONT.CAS(C) 365/2018 (for exemption)
2018:DHC:9348 CM No. 20424/2018 in CONT.CASfO 366/2018 (for exemption)
CM No. 20425/2018 in CONT.CASfO 367/2018 (for exemption)
CM No. 20429/2018 in CONT.CAS(C) 369/2018 (for exemption)
CM No. 20430/2018 in CONT.CAS(C) 372/2018 (for exemption)
CM No. 20431/2018 in CONT.CAS(C) 373/2018 (for exemption)
CM No. 20434/2018 in CONT.CAS(C) 374/2018 (for exemption)
Exemptions allowed subject to alljust exceptions.
Applications stand disposed of.
16.05.2018 CM No. 20401/2018 in CONT.CAS(C) 363/2018 (for exemption)
CM No. 20415/2018 in CONT.CAS(C) 364/2018 (for exemption)
CM No. 20423/2018 in CONT.CAS(C) 365/2018 (for exemption)
2018:DHC:9348 CM No. 20424/2018 in CONT.CASfO 366/2018 (for exemption)
CM No. 20425/2018 in CONT.CASfO 367/2018 (for exemption)
CM No. 20429/2018 in CONT.CAS(C) 369/2018 (for exemption)
CM No. 20430/2018 in CONT.CAS(C) 372/2018 (for exemption)
CM No. 20431/2018 in CONT.CAS(C) 373/2018 (for exemption)
CM No. 20434/2018 in CONT.CAS(C) 374/2018 (for exemption)
Exemptions allowed subject to alljust exceptions.
Applications stand disposed of.
CONT.CAS(C) 363/2018
CONT.CAS(C) 364/2018
CQNT.CAS(C) 365/2018
CONT.CAS(C) 366/2018
CONT.CAS(C) 367/2018
CONT.CAS(C) 369/2018
CONT.CAS(C) 372/2018
CONT.CAS(C) 373/2018
CONT.CAS(C) 374/2018
The present petitions have been filed by the petitioners alleging violation of order dated October 24, 2017 passed by the Coordinate Bench of this court in the respective petitions filed by the petitioners, wherein the
Court has directed as under:
"In the facts and circumstances of this case, it is deemed appropriate to permit petitioners to make a briefandconcise representation to respondent-School within a period ofthree weeks and to direct respondent-School that if petitioners' representation is received within three weeks from today, then the same be decided in thefacts ofthe individual cases and in the light of legal position as enunciated in Army
Welfare Education Society (supra) within a period of eight weeks and the fate of the representation be made known to petitioners so that they may avail ofthe remedies asavailable in law, ifneed be. In thefacts ofthis case, it is directed that status quo as oftoday in respect ofpetitioners' service shall continue till the petitioners' representation(s) is decided and even four weeks thereafter, to enable petitioners to avail of the remedies, if need be. It is made clear that the issues so raised by petitioners not only for regularization of their service but alsofor payment ofsalaries in terms ofSection 10 of the Delhi School Education Act and Rules of 1973 and arrears of back-wages, salary, etc., shall also be dealt with bypassing a speaking order. "
Mr. Sushil Jaswal, Advocate who appears for the respondents on advance notice states, representations of the petitioners have been disposed of today in the morning and order thereof has been communicated to the petitioners, even though some of the petitioners have not received it. As per the order, the representations of the petitioners have been rejected. He also states, a copy of the order passed today shall be given to Mr. M.A. Niyazi, learned counsel for the petitioner during the course ofthe day.
In view of the submissions made by the counsel for the respondents, Mr. Niyazi seeks to withdraw the petitions to file substantive petitions in accordance with law as per the observation made by the Court in the order dated October 24, 2017.
The petitions are dismissed as withdrawn.
A copy of this order be given dasti under the Signature of the Court
Master.
V. KAMESWAR RAO, J MAY 16, 2018
The present petitions have been filed by the petitioners alleging violation of order dated October 24, 2017 passed by the Coordinate Bench of this court in the respective petitions filed by the petitioners, wherein the
Court has directed as under:
"In the facts and circumstances of this case, it is deemed appropriate to permit petitioners to make a briefandconcise representation to respondent-School within a period ofthree weeks and to direct respondent-School that if petitioners' representation is received within three weeks from today, then the same be decided in thefacts ofthe individual cases and in the light of legal position as enunciated in Army
Welfare Education Society (supra) within a period of eight weeks and the fate of the representation be made known to petitioners so that they may avail ofthe remedies asavailable in law, ifneed be. In thefacts ofthis case, it is directed that status quo as oftoday in respect ofpetitioners' service shall continue till the petitioners' representation(s) is decided and even four weeks thereafter, to enable petitioners to avail of the remedies, if need be. It is made clear that the issues so raised by petitioners not only for regularization of their service but alsofor payment ofsalaries in terms ofSection 10 of the Delhi School Education Act and Rules of 1973 and arrears of back-wages, salary, etc., shall also be dealt with bypassing a speaking order. "
Mr. Sushil Jaswal, Advocate who appears for the respondents on advance notice states, representations of the petitioners have been disposed of today in the morning and order thereof has been communicated to the petitioners, even though some of the petitioners have not received it. As per the order, the representations of the petitioners have been rejected. He also states, a copy of the order passed today shall be given to Mr. M.A. Niyazi, learned counsel for the petitioner during the course ofthe day.
In view of the submissions made by the counsel for the respondents, Mr. Niyazi seeks to withdraw the petitions to file substantive petitions in accordance with law as per the observation made by the Court in the order dated October 24, 2017.
The petitions are dismissed as withdrawn.
A copy of this order be given dasti under the Signature of the Court
Master.
V. KAMESWAR RAO, J MAY 16, 2018
JUDGMENT