MRIDUL SHARMA Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner under Articles 226 and 227 of the Constitution of India praying for a writ of Mandamus or directions to the respondents to pay gratuity to the petitioner and to issue order/ direction (s) to pay the compound interest @ 12% from 17.11.2000 till the actual date of payment.

(2.) The brief facts of the case are that the petitioner was appointed as a TGT (Science), trained graduate teacher at the Satya Wati Sood Girls Sr. Sec School Nizamuddin East, New Delhi on 27.02.1989 and thereafter from 01.06.1999 to 30.06.2001 attended service training programs from time to time. In the year 2002, her husband was posted out of Delhi and therefore to be with her family she took E.O.L (Extra Ordinary Leave without pay) from 01.04.2002 to 16.11.2004 although her leave was granted upto 31.03.2005. The petitioner on the insistence of the Principal submitted her resignation on 17.11.2004 in which she had clearly written as under : " I am enclosing my claim for pension and retirement benefits in triplicate for necessary action"

(3.) Vide letter No.SA/98/1/2005/366 dated 15.12.2005 the petitioner was directed to deposit three months notice period salary with the resignation letter. Complying with these instruction the petitioner deposited Rs. 34,500/- (Rupees Thirty four thousand and five hundred only) in the State Bank of India R. K. Puram, New Delhi vide challan No. 3 on 22.05.2006. As per the petitioner, she contacted the respondent No.4 many times over the phone and also personally while she was in Delhi for to get her Provident Fund and Retirement benefits released but she did not get any response. Her last representation dated 05.06.2007 was sent to all the respondents on their official address by speed post but still there was no response from the respondents.