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2023 Supreme(Del) 4024

SATISH CHANDRA SHARMA, SANJEEV NARULA
Dayanand Model School – Appellant
Versus
Government of NCT of Delhi – Respondent


Advocates appeared:
Mr. D.D. Singh and Ms. Seerat Deep Singh, Advs., for the Appellant.
Mr. Yeeshu Jain, SC with Ms. Jyoti Tyagi, Ms. Manisha and Mr. Hitanshu Mishra, Advocates for R-1 & R-2.
Ms. Nandini Sahni and Mr. Sachin Bandoori, Advocates for R-3.

JUDGMENT

Satish Chandra Sharma, C.J.

1. The present Letters Patent Appeal (the "LPA") has been filed under Clause 10 of the Letters Patent Act assailing the judgment dated 14.11.2022 passed by the learned Single Judge in W.P.(C.) No. 10523/2019, titled Smt. Anjna Luthra v. Government of NCT of Delhi and Ors. (the "Writ Petition").

2. The learned Single Judge vide judgment dated 14.11.2022 allowed the underlying Writ Petition preferred by Respondent No. 3 and directed the payment of Respondent No. 3's full salary for the intervening period between 13.11.2019 and 30.09.2021 i.e. the date of superannuation; and the payment of terminal dues to Respondent No. 3 subsequent to her superannuation on 30.09.2021.

3. The facts of the case reveal that the Respondent No. 3, started her service career by joining Dayanand Model School (the "Appellant School") as an Assistant Teacher on 14.07.1986. She was appointed, keeping in view the statutory provisions as contained under the Delhi School Education Act, 1973 (the "DSE Act") and the Delhi School Education Rules, 1973 (the "DSE Rules").

4. Thereafter on 01.12.1991, Respondent No. 3 was promoted as a Trained Graduate Teacher ("TGT") in scienc

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