Satyendra Kumar v. Maharaja Agarsain Public School

Delhi High Court · 16 Mar 2018 · 2018:DHC:1873
Sunil Gaur
W.P.(C) 2404/2018
2018:DHC:1873
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed the writ petition seeking mandamus for salary arrears under the Delhi School Education Act, 1973, directing the petitioner to first file a representation for administrative consideration.

Full Text
Translation output
W.P.(C) 2404/2018
HIGH COURT OF DELHI
Date of Order: March 16, 2018
W.P.(C) 2404/2018
SATYENDRA KUMAR .....Petitioner
Through: Mr. Kamlesh Kumar, Advocate
VERSUS
MAHARAJA AGARSAIN PUBLIC SCHOOL (RECOGNIZED)
& ANR. .....Respondents
Through: Mr. Gautam Narayan, ASC, Mr. Abhinav Goyal and Ms. Mahamaya Chatterjee, Advocates
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
JUDGMENT

1. A mandamus is sought to respondent-Directorate of Education to enforce the provisions of the Delhi School Education Act, 1973 and on failure of respondent-School to follow the provisions of the said Act, to take action against first respondent as per Delhi School Education Act,

1973. Mandamus is also sought to make payment of arrears of salary and other emoluments not being paid according to petitioner’s actual entitlement, as per the prescribed pay scale for TGT w.e.f. 15th July, 2009 in compliance of provisions of Section 10 of the Delhi School Education Act and Rules 1973.

2. To seek the relief as claimed in this petition, no proper Representation has been made by petitioner. 2018:DHC:1873 W.P.(C) 2404/2018

3. In the facts and circumstances of this case, it is deemed appropriate to dispose of this petition with permission to petitioner to file a concise Representation to second respondent within a period of two weeks and upon receiving of such a Representation, the second respondent shall pass a speaking order thereon, within a period of six weeks and the fate of Representation be made known to petitioner within two weeks thereafter, so that petitioner may avail of the remedies as available in law, if need be.

4. With the aforesaid directions, this petition is disposed of. Copy of this order be given dasti to counsel for the parties.

JUDGE MARCH 16, 2018 v