ANJULIKA vs GNCT OF DELHI AND ANR

Judgment text excerpt

$~P-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 30.04.2025 + W.P.(C) 4747/2017 ANJULIKA .....Petitioner Through: Mr. Prashant Kumar Mittal, Advocate. versus GNCT OF DELHI AND ANR .....Respondents Through: Mr. Anubhav Gupta, Advocate for R-1. Mr. Sujoy Kumar, Advocate for R- 2. Mr. Naushad Ahmed Khan and Ms. Supriya Malik, Advocates. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN JUDGMENT 1. By way of this petition under Article 226 of the Constitution, the petitioner seeks a direction upon the respondent No. 2 – S.D. Mandir Girls Senior Secondary School [“the School”], which is a government aided school, to pay her arrears of salary and benefits, including protection of seniority for the period 23.07.2012 to 26.08.2016. It is the petitioner’s contention that she was not permitted to resume her duties in the School during the aforesaid period. 2. The petitioner was appointed as an Assistant Teacher in the School on 01.08.2008. The genesis of the controversy arises from an incident which took place in the School premises on 23.07.2012, when the petitioner was reported to be lying on the ground in front of the School hall and shivering. The petitioner had admittedly suffered a fall and Signature Not Verified Signed By:SOMYA W.P.(C) 4747/2017 Page 1 of 10 SATIJA Signing Date:01.05.2025 11:26:13 sustained injuries. Her husband was called to the School, and she proceeded on medical leave. 3. It is the petitioner’s case that she was willing to return to duty from 21.08.2012 and also produced a medical certificate dated 20.08.2012. However, the School did not permit her to do so, suspecting that she suffered from epilepsy, and insisting upon a medical certificate to the effect that she is fit to resume duty. 4. The matter travelled to this Court on two earlier occasions