New Delhi Municipal Council vs. Manju Tomar

pITEM NO.32 COURT NO.5 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petitions for Special Leave to Appeal (Civil) No(s).10383-10384/2010 (From the judgement and order dated 09/12/2009 in LPA No. 441/2009 & LPA No. 442/2009 of The HIGH COURT OF DELHI AT N. DELHI) NEW DELHI MUNICIPAL COUNCIL & ANR. Petitioner(s) VERSUS MANJU TOMAR & ORS. Respondent(s) (With prayer for interim relief) WITH SLP(C) NO. 10969-10971 of 2010 (With appln (s) for exemption from filing c/c of the impugned judgment and with prayer for interim relief and office report) Date: 30/08/2010 These Petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE D.K. JAIN HON'BLE MR. JUSTICE H.L. DATTU For Petitioner(s) Mr. Gopal Subramaniam, S.G. Mr. Sanjiv Sen, Adv. Mr. Prashant Kumar,Adv. Ms. Ahuja Chopra, Adv. Mr. Jagjit Singh Chhabra, Adv. Mr. Raj Kamal, Adv. Mr. Samar Vijay Singh, Adv. Mr. Vinay K Shalindra, Adv. For Respondent(s) Mr. Sanjay Parikh, Adv. Mr. Anish R., Adv. Ms. Mamta Saxena, Adv. Ms. Somya, Adv. Mr. A.N. Singh, Adv. Ms. Anitha Shenoy,Adv. UPON hearing counsel the Court made the following O R D E R SLP(C) Nos. 10383-10384 of 2010 In pursuance of our order dated 9th August, 2010, an affidavit has been filed by the Director (Education), New Delhi Municipal Council, New Delhi. ..2/- : 2 :

In the said affidavit, it is stated that entire arrears of salary and other retiral benefits have been paid to the seven affected respondents. Details of the amount paid to each of the respondents have also been mentioned in the affidavit.

Issue notice to the respondents to show cause as

to why the direction in the impugned order to the NDMC regarding payment of entire arrears of salary/retiral benefits with interest @ 9% per annum be not set aside.

Mr. Sanjay Parikh and Mr. Jagjit Singh Chhabra accept notice on behalf of respondent Nos. 1to 5 and 6 respectively and seek time to file counter affidavits. Let them do so within four weeks. Rejoinder affidavit, if necessary, may be filed within two weeks thereafter.

We also direct that pension to the affected respondents shall be paid by respondent No. 6.

SLP(C) Nos. 10969-10971/2010

List along with SLP(C) 10383-10384/2010.

[ Charanjeet Kaur ] [ Kusum Gulati ] Court Master Court Master