LAWS(DLH)-2003-9-30

SHAKUNTLA MITTAL Vs. GREEN FIELD PUBLIC SCHOOL

Decided On September 16, 2003
SHAKUNTLA MITTAL Appellant
V/S
GREEN FIELD PUBLIC SCHOOL Respondents

JUDGEMENT

(1.) The Petitioner's complaint is the alleged disobedience of the Respondents towards the Order dated 10.6.1999 of the Presiding Officer, Delhi School Tribunal, in Appeal No.3 of 1980, the operative part of which reads thus:

(2.) In their response, the Respondents have taken the stand that they have always been desirous and willing to implement the Orders dated 10.6.1999 and pay unto the Petitioner her legitimate and due entitlement in terms of the said Order on the basis of wages and salaries paid to other similarly situated untrained and unqualified teachers.

(3.) It has further been submitted that despite the fact that the Respondents have paid all the dues as per their understanding of the Order dated 10.6.1999, they had nevertheless agreed to make a further and final payment of Rs.2.72 Lakhs before the Lok Adalat. It has also been emphasized that this Order was made by the Respondents voluntarily, on humanitarian grounds, and to put an end to the entire dispute. This is obvious from the fact that it was not made subsequent to the filing of the Contempt Petition. Mr.Kaul, learned counsel for the Respondent has made an oral prayer for summoning the records of the Lok Adalat to make good his contention that this offer of Rs.2.72 Lakhs in the duration was of the proceedings of the Lok Adalat. It is his submission that the Petitioner is abusing the Respondents' ex gratia offer of Rs.2.72 Lakhs in order to pressurise it into making further payment under Democles sword of Contempt. The Petitioner, however, states that she is neither an untrained, nor an unqualified teacher and that she is entitled to annual increments and HRA, CCA/DA etc. in accordance with the IVth Pay Commission.