VALMIKI J. MEHTA, J.

W.P.(C) No. 18004-05/2005 and W.P.(C) No. 6351/2006

1. The limited issue argued before me in these cases is as to whether the petitioner/Mrs. Promilla Jain in W.P. (C) No. 6351/2006 is or is not entitled to payment of gratuity on account of being an employee of the respondent no.1/school in W.P. (C) No. 6351/2006 and which school is Vardhaman Shiksha Mandir Senior Secondary School.

2. In both the writ petitions effectively what is challenged is the order of the Directorate of Education dated 6.9.2004 which clarifies and applies the requirement of payment of gratuity to employees of schools in Delhi. This order of the Directorate of Education dated 6.9.2004 reads as under:-

“GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI DIRECTORATE OF EDUCATION, (ACT BRANCH) R. NO. 212A OLD SECTT., DELHI

No.F.15/ACT/2004/7045-7146

Dated: 06.09.04

ORDER

Sub: Clarification regarding the payment of gratuity.

Attention of Managing Committee of all Recognized private school is hereby invited to Section 10(1) of Delhi School Education Act 1973, which is reproduced below:-

“The scales of pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed