MALTI DHAWAN Vs. DIRECTORATE OF EDUCATION & ORS

JUDGEMENT

(1.) Petitioner has filed this writ petition under Article 226 of the Constitution of India seeking direction that petitioner be paid her gratuity and leave encashment benefits by the respondent no.2/school. Petitioner retired as a Vice Principal of the respondent no.2/school on 31.8.2007 after serving 24 years with the respondent no.2/school.

(2.) The issue that gratuity is payable by the school to its employees is no longer res integra and this Court has decided the same in the case of Deepak Dua v. Directorate of Education & Anr. W.P. (C) No. 7040/2011 decided on 11.4.2013. Accordingly, adopting the ratio of the judgment in the case of Deepak Dua (supra) it is held that the petitioner is entitled to gratuity.

(3.) Petitioner will also be entitled to leave encashment benefit on account of her service with the respondent no.2/school at the time of retirement in view of Section 10 of the Delhi School Education Act, 1973 because employees and teachers of private schools in Delhi have to be paid the same monetary benefits as are paid to employees and teachers of government schools and government aided schools. In government schools and government aided schools employees get leave encashment benefits and hence the petitioner is thus also entitled to leave encashment benefit from the respondent no.2/school.