W.P.(C) 8910/2017 Page 1 of 3 $~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8910/2017 MRS. MANJU JAIN .....Petitioner Through: Mr. Kamlesh Kumar and Ms. Tripta Kamta, Advocates versus MANAGING COMMITTEE OF DAYANAND MODEL SECONDARY SCHOOL AND ANR. .....Respondents Through: Mr. Hanu Bhaskar and Mr. Ravikant, Advocates for R-1 Ms. Latika Choudhary, Adv. for R- 2 CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN O R D E R % 13.01.2025 1. The petitioner was appointed as a TGT Sanskrit in the respondent No. 1-School on 03.07.1995. She submitted her resignation w.e.f. 31.07.2014. 2. The petitioner claims that she is entitled to arrears of salary computed in accordance with the report of the 6th Central Pay Commission [“CPC”] for the period from 03.07.1995 to 31.07.2014, and retirement benefits including gratuity, leave encashment, etc. The petitioner also claims the benefits of the Assured Career Progression [“ACP”] Scheme, which has been applied to private unaided Schools by virtue of an order of Directorate of Education [“DoE”] dated 30.09.2008. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 14:41:17 W.P.(C) 8910/2017 Page 2 of 3 3. I have heard learned counsel for the parties. 4. As far as payment of arrears, calculated according to 6th CPC, is concerned, Mr. Hanu Bhaskar, learned counsel for respondent No. 1, only submits that the writ petition is belated. As far as this aspect is concerned, even assuming the petitioner had voluntarily resigned from services on 31.07.2014, she first instituted a petition in this Court [W.P.(C) 8743/2015] in September, 2015, which was disposed of by an order dated 11.09.2015, directing the School to deal with the petitioner’s representation within a period of four weeks, and reserving the petitioner’s liberty to challenge the order of the School, if she was so advised. Pursuant to this direction, the School rejected the petitioner’s representation by an order dated 24.02.2016, against which she has filed the present writ petition in October, 2017. On these facts, having regard to the Division Bench judgment of this Court in Bharat Mata Saraswati Bal Mandir Senior Secondary School v. Vinita Singh and Ors [2023 SCC OnLine Del 3934], I am of the view that the petitioner’s statutory entitlement under Section 10 of the Delhi School Education Act, 1973, cannot be negated on the ground of delay. 5. The second issue concerns the petitioner’s entitlement to the benefit of the ACP Scheme. As far as this is concerned, Ms. Latika Choudhary, learned counsel for DoE, supports the petitioner’s case that she was entitled to the benefit of the said scheme upon completion of 12 years of services i.e. in 2007. There is no challenge on this aspect. 6. The only remaining question is of gratuity. According to the respondent-School, the petitioner is not entitled to gratuity as she submitted her resignation, and thus forfeited her past service. Mr. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 14:41:17 W.P.(C) 8910/2017 Page 3 of 3 Bhaskar also submits that the petitioner has an alternative remedy under the Payment of Gratuity Act, 1972, for recovery of gratuity. Mr. Kamlesh Kumar, learned counsel for the petitioner, states that, as far as this aspect is concerned, the petitioner will approach the concerned Authority under the terms of the payment of gratuity Act, 1972, if so advised. All the rights and contentions of the parties in this regard, remain open. 7. The question of leave encashment is no longer disputed as amount was tendered to the petitioner by the said order dated 24.02.2016. 8. In view of the aforesaid, the petition is disposed of with a direction upon the respondent-School to recompute the amount due to the petitioner after implementing the report of the 6th CPC and granting benefits of ACP Scheme. The computation will be provided to the petitioner within a period of eight weeks from today, and the amount due to her will also be paid within the said period, failing which, the amount will carry interest at 9% per annum. PRATEEK JALAN, J JANUARY 13, 2025 Tp/AD/ This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 14:41:17