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1999 Supreme(Del) 17

B.K.RAMAMOORTHY
DURGA BANERJI – Appellant
Versus
PRESIDENT/MANAGER, NABARUN VIDYAPEETH "DURGA BARI" – Respondent


Advocates Appeared:
H.S.Gautam, R.L.Sharma

K. Ramamoorthy, J.

( 1 ) THE petitioner, who was working in the first respondent school, was suffering from breast cancer and she was on medical leave from 20. 1. 1995 to 10. 4. 1995. After recovering from the illness partially, she requested the school to permit her to join duty. According to the petitioner, she offered to work in the school from the 11th of April, 1995. But the case of the school is that she did not produce proper medical certificates from the medical officer, and on production of valid medical certificate, she was permitted to join duty on the 11th of April, 1996. Since then, according to the learned counsel for the petitioner, the petitioner has been working in the first respondent school.

( 2 ) ACCORDING to the petitioner, she had not been paid salary from 11. 4. 1995 to 10. 4. 1996 for a period nearly 12 months. The first respondent school is an aided school under the control of the Municipal Corporation of Delhi. The petitioner had been making representations to the MCD and also the school. Her request was not complied with. Therefore, she had approached this Court for the issuance of a writ of mandamus.

( 3 ) IT is not necessary to go into the factual aspec






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