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Delhi Court September 2013 Judgments

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Sep 11 2013

Rajwinder Kaur Vs. School Management of Gyan Devi Salwan Public Schoo

Court: Delhi

Decided on: Sep-11-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No. 12380/2009 & CM No. 2367/2013 (for modification of orders) 11th September, 2013 % RAJWINDER KAUR Through: ......Petitioner Mr. Raj Kumar Sherawat, Adv. VERSUS SCHOOL MANAGEMENT OF GYAN DEVI SALWAN PUBLIC SCHOOL & ORS. ...... Respondents Through: Mr. Siddharth Dias, Adv. for R-1. Ms. Bandana Shukla, Adv. for Ms. Ruchi Sindhwani, Adv. for R-2. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. There are three prayers made in this writ petition. The first prayer is for setting aside the order dated 25.1.2008 passed by the respondent no.1school terminating the services of the petitioner during the probation period. The second relief which is claimed is as regards benefits of 6th Pay Commission Report which has been made applicable to schools. The third relief claimed is for grant of higher salary to the petitioner from her original date of appointment.2. So far as the first as...


Sep 11 2013

Rajbir Singh Vs. Rajeev Verma, Chairman-cum-managing Director, Delh

Court: Delhi

Decided on: Sep-11-2013

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 701/2013 RAJBIR SINGH ..... Petitioner Through Ms. Vaishalee Mehra, Advocate. versus RAJEEV VERMA, CHAIRMAN-CUM-MANAGING DIRECTOR, DELHI TRANSPORT CORPORATION ..... Respondent Through Mr. Abhey N. Das, Advocate. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA SUDERSHAN KUMAR MISRA, J.(Oral) This petition is predicated on the non compliance of the judgment of this Court in Writ Petition (C) No.2739/2004, dated 28th May, 2013, whereby the following directions were issued:23. Considering the overall scenario, I, therefore, direct that the petitioner be reinstated in service from the date of his removal with continuity in service for all purposes including pay fixation, seniority and for pensionary benefits. The petitioner is also awarded lump sum compensation, in lieu of back wages, of Rs.4 Lakhs. The compensation shall be paid within 8 weeks failing which the same carry interest @ 8% per annum from the date hereof till realiza...


Sep 11 2013

Charumati S. Khandare Vs. National School of Drama and ors.

Court: Delhi

Decided on: Sep-11-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.5482/2013 & CM 12225/2013(Stay) 11th September, 2013 % CHARUMATI S. KHANDARE Through: ......Petitioner Mr. Amit Kumar, Adv. VERSUS NATIONAL SCHOOL OF DRAMA & ORS. ...... Respondents Through: Mr. Baldev Malik and Mr. Arjun Malik, Advocates. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This writ petition has been filed by the petitioner challenging two selection processes. First selection process was pursuant to the advertisement dated 1.7.2012 for appointment of three artists. The second selection process is in terms of the advertisement dated 13.4.2013 for one artist and which process is still not complete. Appointments as per the first advertisement of three artists, and for one artist as per the second advertisement has to take place in the Theatre in Education Company (T.I.E Company), a unit of respondent no.1-National School of Drama.2. So far as the challenge la...


Sep 11 2013

Ajeet Singh Vs. Union of India and ors.

Court: Delhi

Decided on: Sep-11-2013

$~ 6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) 1022/2013 Date of decision:11. d September, 2013 AJEET SINGH Through : ..... Petitioner Mr. N.L. Bareja, Adv. versus UNION OF INDIA AND ORS ..... Respondents Through : Mr. Amrit Pal Singh, CGSC with Mr. Rupinder Pal Singh, Adv. CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE V. KAMESWAR RAO GITA MITTAL, J.(Oral) 1. This writ petition seeks quashing of the order dated 10 th January, 2013 passed by the respondent no.3 herein cancelling the candidature of the petitioner for the appointment to the post of SubInspector (GD) in ITBP conducted through the Central Police Organization Examination 2011 and also debarring him from appearing in any of the examinations/recruitments conducted by the commission for a period of three years from the date of issuance of the memorandum. The petitioner has also assailed the order dated 30th January, 2013 (page31) issued by the respondent no.4 terminating the services of the petitioner ...


Sep 11 2013

Ex. Si/Gd Gopal Lal Jat Vs. Union of India and ors.

Court: Delhi

Decided on: Sep-11-2013

$~ 10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1358/2013 Date of decision:11. d September, 2013 % Ex. SI/GD GOPAL LAL JAT ..... Petitioner Through : Mr. N.L. Bareja, Adv. versus UNION OF INDIA AND ORS ..... Respondents Through : Ms. Sapna Cahuhan and Mr. A. Banerjee, Advs. CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE V. KAMESWAR RAO GITA MITTAL, J.(Oral) 1. This writ petition seeks quashing of the order dated 10 th January, 2013 passed by the respondent no.3 herein cancelling the candidature of the petitioner for the appointment to the post of SubInspector (GD) in the Central Police Organization Examination 2011 and also debarring him from appearing in any of the examinations/recruitments conducted by the commission for a period of three years from the date of issuance of the Memorandum. The petitioner has also assailed the order dated 30th January, 2013 (page31) issued by the respondent no.4 terminating the services of the petitioner and striking of his name ...


Sep 11 2013

Smt Swarn Bajaj and anr Vs. Dr J K Gupta and ors.

Court: Delhi

Decided on: Sep-11-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.APP.(C) 7/2013 SMT SWARN BAJAJ & ANR ..... Appellants Through: Mr.Abhay Kumar, Advocate. versus DR J K GUPTA & ORS. ..... Respondents Through: Mr.Arun Birbal, Advocate for R-2/DDA. Date of Decision :11. h September , 2013 % CORAM: HON'BLE MS. JUSTICE REVA KHETRAPAL HON'BLE MS. JUSTICE PRATIBHA RANI PRATIBHA RANI, J.(ORAL) 1. This contempt appeal being filed by strangers to the proceedings in Contempt Case (C) No.617/2012 which was dismissed as not pressed, led to hearing of this appeal on its maintainability.2. We have heard learned counsel for the Appellants on the maintainability of the present contempt appeal.3. Mr.Abhay Kumar, learned counsel for the Appellants submits that the Appellants are seriously prejudiced by the order dated 07.05.2013 passed in Cont. Petition (C) 617/2012 for the reason that they have interest in Flat No.B-12, Janhit Co-operative Group Housing Society Ltd., Plot No.25/2, Sector-9, Rohini, Delhi, possession...


Sep 11 2013

The Management of Mayo International School Vs. Ms. Anju Farswan and a ...

Court: Delhi

Decided on: Sep-11-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.5866/2011 11th September, 2013 % THE MANAGEMENT OF MAYO INTERNATIONAL SCHOOL ..... Petitioner Through: Mr. Satender Verma, Advocate. versus MS. ANJU FARSWAN AND ANR. ..... Respondents Through: Mr. Kushal Yadav, Advocate for respondent No.2. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. By this writ petition, the petitioner-school impugns the order of the Delhi School Tribunal (DST) dated 31.5.2011. By the impugned order, DST accepted the appeal filed by the respondent No.1/teacher and set aside the termination of her services. DST has held that since the period of probation was not extended after it was completed on 14.4.2003, termination of services of the appellant (respondent No.1 herein) on 25.3.2004 without holding any domestic enquiry was illegal.2. Before me, on behalf of the petitioner-school the following arguments are raised:(i) Tribunal was not correct in a...


Sep 11 2013

Sub Mukhtar Ahmed Ansari Vs. Union of India and ors.

Court: Delhi

Decided on: Sep-11-2013

$~ 15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5689/2013 & CM No.12585/2013 % Date of decision:11. d September, 2013 SUB MUKHTAR AHMED ANSARI ..... Petitioner Through : Mr. S.S. Pandey, Adv. versus UNION OF INDIA & OTHERS ..... Respondents Through : Mr. Amrit Pal Singh, CGSC with Mr. M.P. Singh, Adv. Major Mahesh Sharma (legal cell) and Major D.K. Singh. CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE V. KAMESWAR RAO GITA MITTAL, J.(Oral) 1. Learned counsel for the respondents has handed over a copy of the letter dated 31st December, 1987 to us in support of his contention that the petitioner cannot be permitted to proceed for UN mission to Sudan as he is not covered under the policy dated 30th August, 2012.2. The petitioner was enrolled in the Army as a Soldier in the Regiment of Rajputana Rifles on the 14th of November, 1984. On 25th of November, 1988, the petitioner was posted to the Headquarter, Indian Military Training Team (IMTRAT hereafter) WP(C) No.5689/20...


Sep 11 2013

Chander Kala and anr. Vs. Satpal and ors.

Court: Delhi

Decided on: Sep-11-2013

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:11. h September, 2013 % + MAC.APP. 743/2012 CHANDER KALA AND ANR. ..... Appellants Through: Mr. O.P. Mannie, Advocate. Versus SATPAL AND ORS. Through: ..... Respondents Mr. Ram Aashrey, Advocate for Respondent No.3/Insurance Company. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present appeal is filed by the appellants/claimants for enhancement of compensation amount against the impugned award dated 02.03.2012, whereby the learned Tribunal has awarded a total compensation as under:1. Loss of dependency (3110X12X13) = Rs. 4,85,160/2. Loss of Love and affection = Rs. 25,000/3. For funeral expenses = Rs. 10,000/4. Loss of estate = Rs. 10,000/_____________________________________________________ Total Rs. 5,30,160/(Rupees Five lacs Thirty thousand and One hundred sixty only) _______________________________________________________2. Learned counsel appearing on behalf of the appellants/claimants has a...


Sep 11 2013

R.S. Jindal Vs. Delhi Development Authority Through Its Vice-chairman, ...

Court: Central Administrative Tribunal CAT Principal Bench New Delhi

Decided on: Sep-11-2013

1. The applicant has filed this O.A., with the following prayers: (a) Direct the respondent to pay the following amounts of interest on the delayed payment of pension arrears, gratuity and leave encashment calculated @15% per annum simple interest: A sum of Rs.10, 30,165 as interest on 16.12.1997 to 30.3.2010. A sum of Rs.2,69,399 as interest on the amount of gratuity from 1.1.94 to 30.3.2010. A sum of Rs.2,24,450 as interest on the amount of leave encashment from 1.1.1994 to 24.9.2010. 2. The applicant is a retired Chief Engineer of Delhi Development Authority (DDA) who started his career as Assistant Engineer (AE) (Civil) in the Municipal Corporation of Delhi (MCD) on 06.01.1961. He was promoted the post of Executive Engineer on 22.09.1967 and further promoted as Superintending Engineer (SE) on 05.09.1974. Applicant was transferred from MCD to DDA on 22.05.1975 on deputation on the post of SE (Civil). He was absorbed as SE (Civil) w.e.f. 26.05.1976 and declared to have been appointed...


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