SH. GYANESH KUMAR SHARMA v. DIRECTORATE OF EDUCATION AND ANR
W.P.(C)/8404/2026 · 2026-07-22
Sanjeev Narula
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 13157 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13157 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P.(C) 8404/2026 Page 1 of 4
$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8404/2026 & CM APPLs. 39406-39407/2026
SH. GYANESH KUMAR SHARMA
.....Petitioner
Through: Mr. Alok Mishra, Advocate.
versus
DIRECTORATE OF EDUCATION AND ANR .....Respondents
Through: Ms. Latika Choudhury, Advocate.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R %
22.07.2026
1. The present petition has been filed seeking a direction to the Respondents to release the Petitioner’s outstanding salary of INR 2,80,000 for the period from December, 2018, to July, 2019, along with applicable interest. Counsel for the Petitioner submits that the Petitioner joined the Respondent School on 1st April, 2014, as PGT (Commerce)-cum- Coordinator and continued in service till 10th July, 2019. It is submitted that although the Petitioner discharged his duties during the aforesaid period, the Respondent School failed to pay his salary for the aforesaid period, compelling him to resign.
2. Counsel for the Petitioner further submits that the Petitioner recently became aware that the Respondent School is under the control and management of the Directorate of Education1. Reliance is placed on the
1 “DoE” 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 25/07/2026 at 12:03:41
W.P.(C) 8404/2026 Page 2 of 4
order dated 14th January, 2026, passed by this Court in School Management Of Ring Midways Senior Secondary Public School And Anr. v. Mrs. Azad Devi and Anr.2, which directed the DoE to disburse the outstanding salaries and dues of the eligible teachers and staff of the Respondent School. It is submitted that the Petitioner's claim is also liable to be considered in terms of the said order. The relevant portion of the aforementioned order reads as under:
“CM APPL. 23033/2025 in W.P.(C) 4753/2018 (seeking appropriate directions)
1. By order dated 17th September, 2024, this Court permitted de- freezing of the bank accounts of the Society running the School and transfer of the funds lying therein to the operational bank account being operated by the new Management under the aegis of the Directorate of Education, for the purpose of disbursement of salaries/dues to the eligible staff/teachers of the School. 2. The DoE has now approached this Court, apprising that, after studying the staff structure in terms of the directions of this Court, the Committee constituted for this purpose has divided the staff of the School into four groups, as under:
“a) Working / Superannuated Staff - 26 ( to be considered for payments) b) Left / not reported /resigned staff - 34- (As they left of their own volition or resigned and they have also not approached the Hon’ble Court, they will not be considered for any payments.) c) Over aged Terminated staff-02(Not eligible payment) d) Terminated staff as per court order - 34 ( As they were unqualified and terminated after due verification of documents in compliance of the Court’s order they will not be considered for payments)”
Additionally, it is pointed out that the three staff members who were terminated but have approached this Court can be considered for payments subject to the order of the Court. 3. It is further pointed out that this Court had directed that the salaries/dues may be disbursed on a pro-rata basis, after considering the staff attendance records. The period of calculation is to be effectively considered from April, 2019, given that this Court, by order dated 25th March, 2019, had directed DoE to take over and look after the affairs of the School.
Considering that the amount lying in the bank is limited and the number of staff members is large, distribution is required to be made strictly in a proportionate manner and only to genuine and eligible staff
2 W.P.(C) 4753/2018 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 25/07/2026 at 12:03:41
W.P.(C) 8404/2026 Page 3 of 4
members. 4. In light of the forgoing, the application is disposed of with the direction to the DoE to distribute the arrears to the listed group of teachers/ staff. These directions shall also apply to W.P.(C) 12353/2018, W.P.(C) 12560/2018, W.P.(C) 12911/2018, W.P.(C) 1706/2019, W.P.(C) 3420/2019 & W.P.(C) 7053/2022. 5. The DoE is also directed to file a statement of account indicating the amount of fees collected since it took over the School, and the amount utilised under the directions of this Court towards payment of salaries/dues of teachers/staff. 6. Re-notify on 25th May, 2026.”
3. It is further submitted that, upon becoming aware of the aforesaid
order, the Petitioner addressed a representation dated 31st March, 2026, to the Respondents seeking release of his outstanding salary. The said representation has remained pending, and no decision has been taken thereon.
4. Ms. Latika Choudhury, counsel for the DoE, submits that the DoE had invited claims from the employees of the Respondent School; however, at that juncture, no representation was received from the Petitioner, and hence, his claim has not been examined.
5. In any event, it is noted that along with the present petition, a copy of the representation dated 31st March, 2026, addressed to the Respondent School with a copy marked to the DoE, has been placed on record.
6. Considering the above, the instant writ petition is disposed of with a direction that the Petitioner shall, within a period of two weeks from today, submit a fresh representation to the Deputy Director of Education, District West-B, O/o DDE West-B, G Block, Vikas Puri, giving full particulars and enclosing all relevant documents in support of his claim. Upon receipt thereof, the Petitioner’s claim shall be examined in terms of the order dated 14th January, 2026 passed in W.P.(C) 4753/2018. 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 25/07/2026 at 12:03:41
W.P.(C) 8404/2026 Page 4 of 4
7. In the event the Petitioner’s claim is found to be payable, the same shall be released to the Petitioner without any further delay. In the event the Petitioner’s claim is found not to be payable, a speaking order to that effect shall be passed and communicated to the Petitioner.
8. With the above directions, the petition is disposed of.
SANJEEV NARULA, J JULY 22, 2026 hc
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 25/07/2026 at 12:03:41