High CourtsSingle Bench(2020) 02 DEL CK 0458

Balbir Kaur Dahele vs Manjinder Singh Sirsa & Ors

Delhi High Court · Decided on 19 February 2020

HON’BLE JUDGES
Najmi Waziri, J
RESULT
Disposed Of
CASE NUMBER
CONT.CAS(C) No. 727 Of 2019

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Judgment

22 paragraphs · 400 words

Najmi Waziri, J

1.

The Department of Education has computed the amounts due to the petitioner as Rs. 6,21,216/-. In terms of the Minutes of the Meeting dated

11.11.2019, the School Management was granted two days’ time to submit its verified computation, but it did not do so despite a lapse of more

than three days.

2.

Mr. Alag, the learned Senior Advocate for the management, submits that the said computation includes some amounts towards Transport

Allowance and applicable Dearness Allowance on that.

3.

Be that as it may, insofar as there is a computation obliging the management to pay the monies, the same are payable to the petitioner alongwith

interest @ 9% per annum, from the date when the amounts became due to the petitioner.

4.

For the amounts which are due, the management states that it may take recourse to legal remedies apropos the Transport Allowance but such

amounts which are admitted and if not already paid, shall be paid to the petitioner. Evidently, monies have been due to the petitioner for quite some

time. In fairness, she should be compensated for the period for which she has been deprived of her monies. In the circumstances, it is ordered that 9%

interest per annum be paid on the outstanding amounts and also for delays in payments to the employees.

5.

The Department of Education shall compute fresh amounts payable, alongwith interest @ 9% per annum from the date when each of the amounts

became due to the petitioner. This exercise shall be carried out within a period of four weeks from today and be communicated to the parties. The

management shall pay the monies to the petitioner within a period of eight weeks thereafter.

6.

If the petitioner has not received any emoluments, then from the monies deposited by the management, the requisite amount of Rs. 6,21,216/-shall

be released to her. The learned Senior Advocate for the management submits that it has deposited an amount of Rs. 5,06,046/-. Let the same be

promptly released to the petitioner, alongwith interest accrued thereon @ 9%, if not already released.

7.

The balance amount shall be deposited within a period of eight weeks of intimation, alongwith interest as may be calculated by the Directorate of

Education.

8.

Copy of the computation shall be sent to the petitioner through her counsel, as well.

9.

The petition is disposed-off in the above terms.