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2024 Supreme(Del) 581

TUSHAR RAO GEDELA
Kirpal Singh – Appellant
Versus
Guru Harkrishan Public School – Respondent


Advocates appeared:
Mr. Prashant Kumar and Mr. Nikhilesh Kumar, Advocates, for the Petitioner.
Mr. Abinash K. Mishra and Mr. Gaurav K. Pandey, Advocates, for the Respondent-1.
Ms. Latika Choudhury, Advocate, for the Respondent-2.

JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

CM APPL. 15557/2024 (for exemption)

1. Exemption is allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 3779/2024

3. This is a writ petition under Article 226 of the Constitution of India, 1950, seeking inter alia the following reliefs:

    "(a) Issue a writ of mandamus, order or direction, directing the Respondent No. 1 & 2 to release the terminal benefits i.e. gratuity and leave encashment in terms of 6th & 7th CPC, along with interest till realization;

    b) Issue a writ of mandamus, order or direction, directing the Respondent No.3 to initiate action against the Respondent Nos. 1 & 2 for withholding the terminal benefits of the Petitioner without any rhyme and reason;

    c) Pass such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."

4. Issue Notice.

5. Notice is accepted by Mr. Abinash K. Mishra, learned counsel appearing for respondent No.1 and by Ms. Latika Choudhury, learned counsel appearing for respondent No.2.

6. Mr. Mishra, learned counsel appearing for respondent No.1 very fairly submits that th

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