Disposed

Sulochana Sharma v. Mr. Vineet Aggarwal & Anr.

Delhi HC12 Feb 2024CONT.CAS(C)/1101/2022

Case brief

AI extract

What is this about?

Contempt petition alleging willful disobedience of an order directing payment of 7th Pay Commission benefits with interest. A compliance affidavit showed all amounts, including balance and interest, had been paid. The court found substantive compliance and disposed of the contempt petition, granting liberty to challenge arrears calculation.

What did the court decide?

Contempt petition disposed of on finding substantive compliance; liberty granted to challenge calculation of 7th Pay Commission arrears.

Sulochana Sharma Vs Mr. Vineet Aggarwal & Anr. — Contempt of Court | Delhi HC (2024)

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$~23

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CONT.CAS(C) 1101/2022 SULOCHANA SHARMA ..... Petitioner Through: Mr. Shubham Bahl, Adv. & Mr. Anuj Aggarwal, Adv. (Through VC).

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versus

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MR. VINEET AGGARWAL & ANR. ..... Respondents

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Through: Mr. Sujeet Kumar Mishra, Mr. Pankaj Balwan & Mr. Utkarsh, Advs. for R- 2. M: 9467056988 Email: [email protected] Mr. Hanu Bhaskar, Adv. with Mr. Ravikant, Adv. M: 9810174047

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R

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% 12.02.2024

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The present petition has been filed alleging willful disobedience of the order dated 21^st March, 2022 passed in W.P.(C) No. 2586/2021 and W.P.(C) No. 3117/2021 .

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By way of the aforesaid order dated 21^st March, 2022, the respondent no.2, i.e., the Director of Education had been directed to consider the representation of the petitioner with regard to their claim for benefits of 7^th Pay Commission, along with interest @ 9% per annum.

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 15:01:13

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A compliance affidavit has been filed on behalf of respondent no.1, wherein it is stated that the benefits of the 7^th Pay Commission have already been released to the petitioner.

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Relevant paragraphs of the compliance affidavit filed on behalf of respondent no.1 reads as under:

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“xxx xxx xxx

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4. That the school vide Letter dated 16.06.2022, replied to the representation as filed by the petitioner and also gave its calculation as per 7^th CPC and along with the same also tendered the cheque for Rs.4,22,682/- vide cheque No.000315 dated 15.06.22 drawn upon HDFC Bank. The Letter along with the photocopy of the draft / cheque is annexed herewith as ANN-R1/B (Colly).

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5. That the Directorate vide Letter dated 18.06.2022 returned the said cheque with the communication that the amount as due to the petitioner be calculated and verified by the DOE and only thereafter, the cheque be prepared. The Letter is annexed herewith as ANN-R1/C.

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6. That thereafter the school again gave a Letter dated 23.06.2022 and again submitted the calculation sheet with the enclosures therein. The Letter along with the calculation sheet duly vetted by the Directorate is annexed herewith as ANN-R1/D.

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7. That as per the same, there was a difference of an amount of Rs. 10,370/- as calculated by the Directorate and the said amount was also paid to the petitioner on 31.08.2022 by way of NEFT. The copy of the statement summary is annexed herewith as ANN-R1/E.

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8. That the DE issued an Order dated 12.07.2023 wherein it was further directed that the amount due to the petitioner stands paid along with the balance amount, but the interest which was not calculated earlier by the DE, amounting to Rs. 17,883/- has to be paid to the petitioner by the school and thereafter on 25.07.23 the said amount was also tendered to the petitioner. The copy of the said letter along with statement summary is annexed herewith as ANN-R1/F (Colly).

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xxx xxx xxx”

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Mr. Anuj Aggarwal, learned counsel appearing for the petitioner

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 15:01:13

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confirms the fact that amounts in terms of the compliance affidavit have been released to the petitioner. However, he disputes the calculations made on behalf of the respondent.

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Perusal of the aforesaid compliance affidavit categorically shows that substantive compliance of the order dated 21^st March, 2022 has been made by the respondent no.2-Directorate of Education.

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Accordingly, no further orders are required to be passed in the present contempt petition. The present contempt petition is, accordingly, disposed of.

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However, liberty is granted to the petitioner to challenge the calculation of the arrears of 7^th Pay Commission in case they are aggrieved by the same.

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MINI PUSHKARNA, J

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FEBRUARY 12, 2024/kr

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 15:01:13

Sulochana Sharma v. Mr. Vineet Aggarwal & Anr.

Case brief

What is this about?

What did the court decide?

Sulochana Sharma v. Mr. Vineet Aggarwal & Anr.

Case brief

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