Anita Soharu Guleria v. Director of Education & Anr.

Delhi High Court · 11 May 2018 · 2018:DHC:3141
Sunil Gaur
WP(C)5075/18 & 5099/18
2018:DHC:3141
administrative other

AI Summary

The Delhi High Court directed petitioners to exhaust administrative remedies by submitting representations for service benefits and mandated speaking orders and personal hearings before judicial intervention.

Full Text
Translation output
WP(C)5075/18 & 5099/18 HIGH COURT OF DELHI
Date of Order: May 11, 2018
WP (C) 5075/2018 & CM APPL. No. 19620/2018
ANITA SOHARU GULERIA ..... Petitioner
Through: Mr. M A Niyazi and Ms. Kirti Jaswal, Advocates
VERSUS
THE DIRECTOR OF EDUCATION & ANR. .... Respondents
Through: Ms. Rachana Srivastava and Ms. Monika, Advocates
Mr. Ankur Chhibber and Mr. Bhanu Gupta, Advocates
WP (C) 5099/2018 & CM APPL. 19712/2018
RENU BARROT ..... Petitioner
Through: Mr. M A Niyazi and Ms. Kirti Jaswal, Advocates
VERSUS
DIRECTOR OF EDUCATION & ANR. ..... Respondents
Through: Ms. Rachana Srivastava and Ms. Monika, Advocates
Mr. Ankur Chhibber and Mr. Bhanu Gupta, Advocates
Mr. Ruchir Gupta and Mr.Bhaskar Chhakara, Advocates
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
2018:DHC:3141
JUDGMENT

1. In the above captioned two petitions, a mandamus is sought to respondents to seek benefits of MACP, fresh appointment letter with correct date of regularization and confirmation, contributory pension Scheme, proper back wages/arrears, LTA, bonus etc.

2. With the consent of learned counsel of the parties, the above captioned two petitions have been heard together and are being disposed of by this common order.

3. At the outset, learned counsel for the petitioners submit that in the first instance, a concise representation would be made to respondent- School within a period of two weeks. If it is so done, then the respondent-School shall give a speaking response on the said representation within a period of twelve weeks and its fate be conveyed to petitioners within two weeks thereafter.

4. At this stage, learned counsel for petitioners submit that if petitioners are not satisfied with the response of respondent-School on their representations, then they be permitted to make a fresh Representation to first respondent within two weeks of receiving the response from respondent-School.

5. Upon receipt of said Representations from petitioners, first respondent shall pass a speaking order thereon within a period of twelve weeks and the fate of such Representations be conveyed to petitioners within two weeks thereafter, so that petitioners may avail of the remedy as available in law, if need be.

6. With the aforesaid directions, both these petitions are disposed of with a clarification that if personal hearing is sought by petitioners, it be provided to them.

7. With the aforesaid directions, both these petitions and the applications are accordingly disposed of. Copy of this order be given dasti to counsel for the parties.

JUDGE MAY 11, 2018 p