SUBODH SINHA Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) THE petitioner, at the time of the filing of this writ petition being a teacher employed with the respondent no.3 Cambridge Primary School and since retired on attaining the age of superannuation, preferred this writ petition seeking, (i) mandamus directing the respondent no.3 School to implement the orders dated 18th July, 2009 and 2nd September, 2009 of the respondent no.2 Directorate of Education (DoE), Govt. of NCT of Delhi and fixing the salary of the petitioner with effect from 1 st January, 1996 in accordance therewith; (ii) relief of quashing of the communication dated 15th November, 2008 of the respondent no.3 School denying the claim of the petitioner; and, (iii) the relief of directing the respondent no.3 School to make the contribution to the Provident Fund of the petitioner in accordance with the revised scale.

(2.) NOTICE of the writ petition was issued and pleadings have been completed. The counsels have been heard.

(3.) THE respondent no.3 School having not complied with the directions/orders of the respondent no.2 DoE, it is felt that the petitioner has become entitled to the mandamus directing the respondent no.2 DoE to take action consequential to the non-compliance by the respondent no.3 School of the directions. THE proviso to Section 10 requires the respondent no.2 DoE to de-recognize the School which fails to comply with the directions issued to the Managing Committees of the Schools thereunder.