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2023 Supreme(Del) 3537

CHANDRA DHARI SINGH
Convent of Jesus And Mary – Appellant
Versus
Director of Education – Respondent


Advocates appeared:
Ms.Ekta Mehta and Ms.Zainab Zaya Khan, Advocates, for the Petitioner.
Ms.Laavanya Kaushik, Advocate, for the Respondent-1/DOE.
Mr.Amit Singh Narang, Advocate, for the Respondent-2, 3,4,6 and 8.
Mr. R.K. Aggarwal and Ms.Ayushi Bansal, Advocates, for the Respondent-9.

ORDER

Chandra Dhari Singh, J. (Oral)--The petitioner vide the present petition under Article 226 of the Constitution of India seeks the following reliefs:

    "a. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction quashing the order dated 28.08.2015 of the respondent no.1 directing payment of alleged arrears.

    b. Award costs in favor of the petitioner.

    c. Pass such other order(s) as this Hon'ble court may deem fit and proper."

2. The factual matrix is reproduced herein below:

a) The petitioner (`petitioner School' hereinafter) is an unaided recognized Christian minority School imparting education upto class XII and is governed by the provisions of the Delhi School Education Act & Rules, 1973, (`DSEAR Act, 1973' hereinafter) and is managed by the Jesus & Mary Delhi Educational Society. Respondent No.1 is the Director of Education (`respondent Director' hereinafter) and respondent Nos.2-9 (`respondent teachers' hereinafter) are teachers in the petitioner School.

b) The respondent Director vide circular dated 31st December, 2009 extended benefits of the Modified Assured Career Progression Scheme (`MACP' hereinafter) to the staff of aided schools under the D

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