Neutral Citation Number: 2023: DHC:2382

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CONT.CAS(C) 1001/2019 & CM APPL. 10738/2022

DAVINDER BHARDWAJ

..... Petitioners

Through:

Ms. Indrani Ghosh, Advocate

versus

MINI KHANNA & ANR

..... Respondent

Through:

Mr.

Kamal

Gupta,

Mr.

Sparsh

Aggarwal and Ms. Paridhi Bisht,

Advocates for Respondent Nos. 1 and

2

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Reserved on: 17.02.2023

Date of Decision: 06.04.2023

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

J U D G M E N T

MANMEET PRITAM SINGH ARORA, J:

1.

This contempt petition has been filed by the Petitioner on 15.11.2019

stating that Respondents, who are the officers of Green Fields School, A-2

Block, Safdarjung Enclave, New Delhi – 110029, (‘School’) have not

complied with the directions issued by a coordinate Bench of this Court vide

order dated 23.04.2019 passed in W.P.(C) 13794/2018, the relevant portion

whereof reads as under:

Mr. Sabu Sebastian, Senior Accountant on behalf of respondent no.2 is

present in person andsubmits that in view of the prayer ‘b’, benefits to the

petitioner shall be granted within four weeks.

Digitally Signed

By:MAHIMA SHARMA

Signing Date:06.04.2023

19:03:10

Signature Not Verified

Neutral Citation Number: 2023: DHC:2382

On the basis of the statement of Mr. Sabu Sebastian, officer on behalf of

respondent no.2, I hereby dispose of the present petition directing

respondent no.2 to pay all consequential benefits to the petitioner within

four weeks from the receipt of this order.”

(Emphasis supplied)

2.

In compliance with the order dated 17.02.2023, the Petitioner has

filed written submissions dated 20.02.2023 and the Respondent No.2 has

filed short note dated 20.02.2023.

3.

The Petitioner stated in the contempt petition that the order dated

23.04.2019 was passed by the Court relying on the statement of the Senior

Accountant of the School assuring that financial upgradation will be granted

to the Petitioner herein along with all consequential benefits in terms of

prayer (b) as sought in W.P.(C) 13794/2018.

3.1.In the petition, the Petitioner also raised a specific averment regarding

the financial upgradation granted to Sh. N.L. Sharma, who is junior to the

Petitioner herein. She states that though the Petitioner joined service on

01.01.1990, she is drawing a grade pay of Rs. 4,800, whereas Sh. N.L

Sharma, who joined service subsequently on 01.04.1991 has got the

upgradation and is drawing a higher grade pay of Rs. 5,400. She states that,

therefore, the School has refused to comply with the directions issued vide

order dated 23.04.2019.

4.

Notice in this petition was issued vide order dated 21.07.2020. On the

said date of hearing, the Respondents had stated that the order dated

23.04.2019 stands complied with and all arrears and dues have been paid to

the Petitioner. In this regard, this Court directed the Respondents to file a

compliance affidavit. The relevant portion of the order dated 21.07.2020

reads as under:

Digitally Signed

By:MAHIMA SHARMA

Signing Date:06.04.2023

19:03:10

Signature Not Verified

Neutral Citation Number: 2023: DHC:2382

“Issue notice.

Mr. Amit Saxena, learned counsel for Respondent No.1, accepts notice and

at the outset, on instructions, submits that the order dated 23.04.2019 has

been complied with and the requisite benefits have been released to the

Petitioner.

Ms. Indrani Ghosh, however, rebuts this submission.

Rejoinder, if any, be filed before the next date of hearing.”

(Emphasis supplied)

5.

Subsequently, vide order dated 15.10.2020, this Court has taken note

of the submission of the Respondents that most of the benefits in terms of

the order dated 23.04.2019 have been disbursed to the Petitioner, which was

disputed by the learned counsel for the Petitioner. The relevant portion of

the order dated 15.10.2020 reads as under:

“Mr. Amit Saxena submits that most of the benefits in terms of the order

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