AI Structured Summary
Not yet generated for this judgment
Judgment
Suresh Kait, J.—Vide order dated 9th April, 2012, dispute between the parties has been referred to the Delhi High Court Mediation & Conciliation Centre. The parties have settled their disputes before the Mediation Centre and have signed the settlement before the Mediators on 7th May, 2012. It is agreed between the parties as under :-
The second party will pay the first party a total consolidated sum of Rs. 8,25,000/- towards all the claims of the first party which are the subject matter of the Writ Petition (Civil) No. 6016/2011 and WP (C) No. 5122/2010 and Contempt case no. 38/2012. The said amount of Rs. 8,25,000/- is inclusive on an amount of Rs. 5, 19,233/- deposited pursuant to the order dated 6th July, 2011 in CM NO. 9389/2011 in WP (C) No. 9300/2007 which was also in compliance of the order dated 30th August, 2007 of the Delhi School Tribunal in Appeal No. 32/2005 whereby the Delhi School Tribunal directed the second party to pay the first party subsistence allowance of 50% of his salary from the date of suspension (viz 11.6.2005 to 8th July, 2011) and the claim of the first party towards his increment under the Assured Career Progression Scheme (ACP Scheme) which is the subject matter of WP (C) No. 5122/2010.
That the second party has already deposited a sum of Rs. . 5,19,233/- in the registry of the Hon''ble High Court of Delhi pursuant to the order dated 6th July, 2011 in CM No. 9389/2011 in writ petition no. 9300/2009 of which Rs. . 3,00,000/- has already been withdrawn by the first party. Thus, an amount of Rs. . 2,19,233/- is lying deposited in this Hon''ble Court. Writ Petition no. 9300/2007 has earlier been filed to challenge the order dated 30th August, 2007 in Appeal No. 32/2005 passed by Hon''ble Delhi School Tribunal.
Writ petition no.9300/2007 was withdrawn on 30th November, 2011 and the order dated 4th July, 2011 of the Delhi School Tribunal in Contempt Case NO. 93/2009 was further stayed by order 30th November, 2011 in writ petition no. 6016/2012. In addition to the amount of Rs. . 5,19,233/- that already stands deposited, at the time of closure of writ petition no. 6016/2011, the second party shall pay the remaining balance of Rs. . 3,05,767/- to the first party to make up the total of Rs. . 8,25,000/-. Of the balance of Rs. . 2,19,235/- lying in the court, an amount of Rs. . 62,308/- shall be released to the second party in order that the same may be deposited with the Provident Fund Authorities as represent the amount payable towards the second party''s contribution towards provident fund of the first party. The balance of Rs. . 1,56,925/- shall be released to the first party.
In view of the settlement, the Registrar of this Court is directed to release the amount out of the balance amount of Rs. . 2,19,233/- an amount of Rs. . 62,308/- shall be released in favour of the petitioner and balance amount of Rs. . 1,56,925/- shall be released to the respondent no. 1.
As per the settlement, an amount of Rs. . 3,05,767/- has been paid by the petitioner to respondent no.1 in Court. The same he has accepted without any protest.
Since respondent no.2/Director of Education is not a party to the settlement, therefore, no order qua respondent no.2 is to be passed. However, in the interest of justice, R-2 shall consider the settlement and the inquiry pending against the respondent no.1 shall be concluded within six months.
In view of the settlement and direction passed by this Court, the impugned order dated 4th July, 2011 is set aside and the instant petition is disposed of in terms of the settlement. In view of the above all the pending applications i.e. CM Nos. 12153/2011, 19450/2011, 1099/2012 also stand disposed of.