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2023 Supreme(Del) 2756

JYOTI SINGH
Jaidev Singh Kapoor – Appellant
Versus
Guru Harkrishan Public School (New Delhi) Society – Respondent


Advocates appeared:
Ms. Mohini Singh, Advocate, for the Petitioner.
Mr. Abinash K. Mishra and Mr. Gaurav Kumar Pandey, Advocates, for the R-1 and 2.
Ms. Latika Choudhury, Advocate, for the R-3.

JUDGMENT

Jyoti Singh, J. (Oral)

CM APPL. 6170/2023 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

W.P.(C) 1625/2023

3. Present writ petition has been filed seeking the following reliefs:

a) Issue a writ of mandamus, order or direction, directing the Respondent No. 1 & 2 to release the terminal benefits to the Petitioner which includes gratuity as per revised norms, leave encashment, along with 40% salary from April 2020 to February 2021 along with interest till realization;

b) Issue a writ of mandamus, order or direction, directing the Respondent No.3 to prepare due and drawn statement of the Petitioner with respect to all arrears including terminal benefits, gratuity, leave encashment, interest, etc.

4. Petitioner was appointed as Clerk-cum-Typist on probation in Respondent No.2/School on 03.02.2003 and was subsequently confirmed. Petitioner retired on superannuation on 31.08.2022 but was not paid Gratuity and Leave Encashment. Along with other employees, Petitioner filed a writ petition being W.P.(C) 12007/2019 for grant of pay revisions under 6th and 7th Central Pay Commissions ('CPC'), which was allowed with the batch of petitions deci

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