Anuj Aggarwal Advocate

Anuj Aggarwal Advocate Anuj Aggarwal & Company (AAC) is a specialized litigation law firm.

AAC fights cases in Supreme Court of India, Delhi High Court, Central Administrative Tribunal, Delhi School Tribunal, Labour Courts & Industrial Tribunals and all District Courts.

18.10.2024Central Administrative Tribunal, DelhiAppointment on the post of Teacher (Primary-Urdu) in MCD – Retrospective...
23/10/2024

18.10.2024
Central Administrative Tribunal, Delhi

Appointment on the post of Teacher (Primary-Urdu) in MCD – Retrospective recognition to Diploma in Primary Education (DPE) by NCTE – Held, qualification is valid and rejection of candidature by DSSSB is illegal – CAT directed the MCD to offer appointment and grant all consequential benefits including notional seniority

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2024102317296969742024%20-%20Nadeem.pdf

https://advocateanujaggarwal.com/home.php

https://judgmentslaw.blogspot.com/2024/10/appointment-on-post-of-teacher-primary.html

[Nadeem Vs. DSSSB & Ors., O.A. No. 2613/2022, decided on – 18.10.2024, Central Administrative Tribunal, Principal Bench, Delhi]

Anuj Aggarwal
Advocate
D-26/A, First Floor, Jangpura Extension,
New Delhi - 110014

483, Block-2, Lawyers Chambers,
Delhi High Court, New Delhi-110003
Mobile – 9891403206
Landline – 011 - 35554905
Email – [email protected]

18.10.2024 Central Administrative Tribunal, Delhi Appointment on the post of Teacher (Primary-Urdu) in MCD – Retrospective recogniti...

08.10.2024Delhi High Court (DB)Section 8 (2) of the Delhi School Education Act, 1973 – Whether law declared by Supreme C...
14/10/2024

08.10.2024
Delhi High Court (DB)

Section 8 (2) of the Delhi School Education Act, 1973 – Whether law declared by Supreme Court in Raj Kumar Vs. Director of Education & Anr. [(2016) 6 SCC 541] will have retrospective effect? – Held, yes – Dismissal Order dated 06.06.2013, passed by a private unaided school, without seeking prior approval from DOE, is illegal and the employee is entitled to full back wages and all retiral dues

Directive paragraphs of the Order dated 08.10.2024, passed by Delhi High Court (DB) in LPA No. 627/2018 reads as under: -

“22. The submission of Mr. Aggarwal that the order dated 6 June 2013 dismissing the appellant from service is liable to be set aside for having been passed without obtaining prior approval of the DOE, as required by Section 8(2) of the DSE Act and Rule 120(2) of the DSE Rules has, therefore, necessarily to succeed.

23. For the aforesaid reasons, the dismissal of the petitioner from the services of the respondent school on 6 June 2013 is quashed and set aside. As we are informed that the petitioner has superannuated in 2016, she is entitled to back wages for the period during which she was unable to serve the school on account of her dismissal order and also to whatever retiral benefits she would have been entitled had she retired as a serving teacher of the school.

24. The appeal is allowed accordingly.”

[Asha Rani Gupta Vs. Ravindra Memorial Public School & Anr., LPA No. 627/2018, decided on – 08.10.2024, Delhi High Court (DB)]

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2024101417289232932024%20Del%20DB%20-%20ASHA%20RANI%20GUPTA.pdf

https://advocateanujaggarwal.com/home.php

https://judgmentslaw.blogspot.com/2024/10/section-8-2-of-delhi-school-education.html

Anuj Aggarwal
Advocate
D-26/A, First Floor, Jangpura Extension,
New Delhi - 110014

483, Block-2, Lawyers Chambers,
Delhi High Court, New Delhi-110003
Mobile – 9891403206
Landline – 011 - 35554905
Email – [email protected]

08.10.2024 Delhi High Court (DB) Section 8 (2) of the Delhi School Education Act, 1973 – Whether law declared by Supreme Court in Ra...

12 August 2024Central Administrative Tribunal, Principal Bench, New DelhiAn employee of Indian Air Force cannot be paid ...
11/10/2024

12 August 2024
Central Administrative Tribunal, Principal Bench, New Delhi

An employee of Indian Air Force cannot be paid salary less than that being paid to his immediate junior – CAT directed Indian Air Force to step-up/increase the pay scale and pay arrears of salary along with interest at 6% p.a.

[Shri Rajinder Singh Vs. Indian Air Force & Ors., OA No. 2185/2015, decided on – 12.08.2024, Central Administrative Tribunal, Principal Bench, New Delhi]

https://advocateanujaggarwal.com/home.php

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2024101117286291772024%20CAT%20-%20Shri%20Rajinder%20Singh.pdf

https://judgmentslaw.blogspot.com/2024/10/an-employee-of-indian-air-force-cannot.html

Anuj Aggarwal
Advocate
D-26/A, First Floor, Jangpura Extension,
New Delhi - 110014

483, Block-2, Lawyers Chambers,
Delhi High Court, New Delhi-110003
Mobile – 9891403206
Landline – 011 - 35554905
Email – [email protected]

12 August 2024 Central Administrative Tribunal, Principal Bench, New Delhi An employee of Indian Air Force cannot be paid salary les...

16.08.2024Delhi High CourtPart Time Vocational Teacher is entitled to interest at 6% p.a. on the delayed payment of Grat...
11/10/2024

16.08.2024
Delhi High Court

Part Time Vocational Teacher is entitled to interest at 6% p.a. on the delayed payment of Gratuity – Delhi High Court

[Vinay Kumar Sidh Vs. The Lieutenant Governor of Delhi & Ors., WPC No. 13010/2022, date of Order – 16.08.2024, Delhi High Court]

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2024101117286286142024%20Del%20Single%20-%20VINAY%20KUMAR%20SIDH.pdf

https://advocateanujaggarwal.com/home.php

https://judgmentslaw.blogspot.com/2024/10/part-time-vocational-teacher-is.html

Anuj Aggarwal
Advocate
D-26/A, First Floor, Jangpura Extension,
New Delhi - 110014

483, Block-2, Lawyers Chambers,
Delhi High Court, New Delhi-110003
Mobile – 9891403206
Landline – 011 - 35554905
Email – [email protected]

16.08.2024 Delhi High Court Part Time Vocational Teacher is entitled to interest at 6% p.a. on the delayed payment of Gratuity – Del...

18 September 2024Delhi High CourtLeave encashment and gratuity – Private unaided recognized schools are bound to pay lea...
11/10/2024

18 September 2024
Delhi High Court

Leave encashment and gratuity – Private unaided recognized schools are bound to pay leave encashment and gratuity to its employees under the Delhi School Education Act, 1973 and the Payment of Gratuity Act, 1972 respectively – Delhi High Court

[Dinesh Chand Sharma Vs. Rukmani Devi Jaipuria Public School & Anr., W.P. (C) No. 682/2022, decided on – 18.09.2024, Delhi High Court]

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2024101117286276802024%20Del%20Single%20-%20DINESH%20CHAND%20SHARMA.pdf

https://advocateanujaggarwal.com/home.php

https://judgmentslaw.blogspot.com/2024/10/leave-encashment-and-gratuity-private.html

Anuj Aggarwal
Advocate
D-26/A, First Floor, Jangpura Extension,
New Delhi - 110014

483, Block-2, Lawyers Chambers,
Delhi High Court, New Delhi-110003
Mobile – 9891403206
Landline – 011 - 35554905
Email – [email protected]

18 September 2024 Delhi High Court Leave encashment and gratuity – Private unaided recognized schools are bound to pay leave encashm...

Delhi High Court (DB)11 September 2024Contractual Swimming Coaches in Govt. of NCT of Delhi – Right to continue in servi...
11/10/2024

Delhi High Court (DB)
11 September 2024

Contractual Swimming Coaches in Govt. of NCT of Delhi – Right to continue in service until replaced by the regular employees

Govt. of NCT of Delhi passed an Order whereby it was declared that the contract of service of the contractual swimming coaches shall not be extended beyond 31.07.2024 – Being aggrieved by the GNCTD’s Order, swimming coaches filed an Original Application (OA) before the Central Administrative Tribunal (CAT), Principal Bench, New Delhi – Swimming coaches prayed for interim relief that there services may not be discontinued during the pendency of OA before CAT - CAT issued notice in the Original Application but rejected the prayer for grant of interim relief - Swimming coaches challenged the CAT’s Order, whereby interim relief was rejected, before the Delhi High Court (DB) - Delhi High Court (DB) directed the Government of NCT of Delhi to continue the services of the contractual swimming coaches till the OA is decided by the CAT

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2024101117286207572024%20Del%20DB%20-%20BHUPENDER%20MAHALWAL%20&%20ORS..pdf

https://advocateanujaggarwal.com/home.php

https://judgmentslaw.blogspot.com/2024/10/contractual-swimming-coaches-in-govt-of.html

[Bhupender Mahalwal & Ors. Vs. Govt. of NCT of Delhi & Ors., WPC No. 12502/2024, Decided on – 11.09.2024, Delhi High Court (Division Bench)]

Anuj Aggarwal
Advocate
D-26/A, First Floor, Jangpura Extension,
New Delhi - 110014

483, Block-2, Lawyers Chambers,
Delhi High Court, New Delhi-110003
Mobile – 9891403206
Landline – 011 - 35554905
Email – [email protected]

Delhi High Court (DB) 11 September 2024 Contractual Swimming Coaches in Govt. of NCT of Delhi – Right to continue in service until r...

Delhi High Court18 September 2024Suspension from service of teacher by a private school, without prior approval from DOE...
05/10/2024

Delhi High Court
18 September 2024

Suspension from service of teacher by a private school, without prior approval from DOE, is illegal – Delhi High Court

Delhi High Court on 18.09.2024 in ‘Umesh Guaba Vs. Modern Child Public Sr. Sec. School (Recognized) & Anr.’, WP (C) No. 4637/2019, held that suspension from service of a teacher by a private school, without obtaining prior approval from the Director of Education, Govt. of NCT of Delhi, is illegal and the teacher is, therefore, entitled to receive full salary for the period of suspension. Directive paragraphs of the Order dated 18.09.2024 are reproduced below for ready reference: -

“17. It is pertinent to note that the judgment of the learned Single Judge in Ruchi Malhotra (supra) has been upheld by the Division Bench in Guru Nanak Public School and Another v. Ruchi Malhotra and Another, 2024 SCC OnLine Del 383. In the present case, as noted above, there was neither any prior approval nor the DoE approved the proposal of the School to suspend the Petitioner within 15 days from 05.02.2019 i.e. the date of judgment of this Court in S.S. Tyagi (supra), the suspension order has lapsed on 19.02.2019. Petitioner has superannuated in the meantime on 31.05.2021 and would thus be entitled to all consequential benefits of full salary and allowances from 20.02.2019 in accordance with law. The amounts due to the Petitioner will be calculated by the School and shall be released to her within two months of the date of receipt of this order after adjusting amounts, if any, paid to her towards subsistence allowance.

18. Writ petition is allowed to the aforesaid extent and disposed of.”

[Umesh Guaba Vs. Modern Child Public Sr. Sec. School (Recognized) & Anr., Delhi High Court, WP (C) No. 4637/2019, decided on – 18.09.2024]

https://advocateanujaggarwal.com/home.php

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2024100517281395082024%20Del%20Single%20-%20UMESH%20GAUBA.pdf

https://judgmentslaw.blogspot.com/2024/10/suspension-from-service-of-teacher-by.html

Anuj Aggarwal
Advocate
D-26/A, First Floor, Jangpura Extension,
New Delhi - 110014

483, Block-2, Lawyers Chambers,
Delhi High Court, New Delhi-110003
Mobile – 9891403206
Landline – 011 - 35554905
Email – [email protected]

Delhi High Court 18 September 2024 Suspension from service of teacher by a private school, without prior approval from DOE, is illeg...

24.09.2024Central Administrative Tribunal, Principal Bench, DelhiFailure to upload OBC Certificate – Cannot be a ground ...
28/09/2024

24.09.2024
Central Administrative Tribunal, Principal Bench, Delhi

Failure to upload OBC Certificate – Cannot be a ground for denying appointment on the post of Primary Teacher in MCD – Central Administrative Tribunal, Delhi

https://advocateanujaggarwal.com/home.php

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2024092817275387722024%20CAT%20-%20Sunanda.pdf

https://judgmentslaw.blogspot.com/2024/09/failure-to-upload-obc-certificate.html

Anuj Aggarwal
Advocate
D-26/A, First Floor, Jangpura Extension,
New Delhi - 110014

483, Block-2, Lawyers Chambers,
Delhi High Court, New Delhi-110003
Mobile – 9891403206
Landline – 011 - 35554905
Email – [email protected]

24.09.2024 Central Administrative Tribunal, Delhi Failure to upload OBC Certificate – Cannot be a ground for denying appointment o...

22.07.2024Delhi High Court (DB)Delhi HC seeks Centre's response on plea challenging requirement of ration card for avail...
24/09/2024

22.07.2024
Delhi High Court (DB)

Delhi HC seeks Centre's response on plea challenging requirement of ration card for availing benefits under Rastriya Arogya Nidhi (RAN)

The Delhi High Court on Monday sought Central Government's response on a Public Interest Litigation (PIL) challenging Clause-7 of the umbrella scheme of Rashtriya Arogya Nidhi (RAN), through an Office Memorandum dated February 1, 2019 issued by the Ministry of Health and Family Welfare, to the extent it mandates that possessing a ration card is mandatory for availing the benefits under the scheme.

The Petitioner Aakash Goel, a social activist through a plea sought direction to the respondent Union of India, Ministry of Health and Family Welfare to relax the mandatory requirement of production of Food Security Card (Ration Card) for financial assistance under Rashtriya Arogya Nidhi Scheme.

The bench led by Acting Chief Justice Manmohan also comprising Justice Tushar Rao Gedela, after noted the submissions, issued notice to Ministry of Health and Family Welfare, Ministry of Consumer Affairs and Government of NCT Delhi and listed the matter for detail hearing on November 25, 2024.

Plea stated that Office Memorandum dated February 1, 2019 was issued by the Ministry of Health and Family Welfare, Department of Health & Family Welfare for issuing the Guidelines pursuant to the implementation of the Umbrella Scheme of Rashtriya Arogya Nidhi (RAN).

It was submitted that the aforesaid scheme envisaged three components namely - Rashtriya Arogya Nidhi , Health Minister's Patients Fund (HMCPF) and the Scheme for Financial Assistance for patients suffering from specified rare diseases.

It stated that the impugned Guidelines inter alia stated that for the purpose of availing financial support by the destitute patients under the Umbrella Scheme of RAN the Applicant under Clause 7 of the said guidelines shall be in possession of Income Certificate and Ration Card.

It is submitted that Clause 7 elucidated under the aforementioned Scheme is unlawful, arbitrary, discriminatory and perverse. It is pertinent to mention that as stated/asserted in the foregoing paragraphs, since 2016, the Government of NCT of Delhi has imposed an embargo upon the issuance of new Ration Cards unless the existing cardholder has either died or cancelled or forfeited or surrendered their ration card. Thus, no new Ration Cards have been issued by the Government of NCT of Delhi. Hence several destitute patients who are in desperate need of receiving financial aid and benefits under the RAN scheme for their treatment are being arbitrarily denied solely on the ground of non-possession of a Ration Card, stated the plea.

Therefore, in view and sequitur of the aforementioned facts and circumstances, it is hereby submitted that the aforementioned Guideline to the extent of conditions specified under Clause 7 pursuant to possession of Ration Card is both deplorable and unwarranted and further de hors benevolent purpose of the scheme for which it was implemented, the plea read.

[Aakash Goel Vs. Union of India & Ors., W.P.(C) 9891/2024, date of Order – 22.07.2024, next date of hearing – 25.11.2024]

https://www.aninews.in/news/national/general-news/delhi-hc-seeks-centres-response-on-plea-challenging-requirement-of-ration-card-for-availing-benefits-under-ran20240722162545/

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2024092417271732562024%20Del%20DB%20-%20AAKASH%20GOEL.pdf

https://advocateanujaggarwal.com/home.php

https://judgmentslaw.blogspot.com/2024/09/delhi-hc-seeks-centres-response-on-plea.html

Anuj Aggarwal
Advocate
D-26/A, First Floor, Jangpura Extension,
New Delhi - 110014

483, Block-2, Lawyers Chambers,
Delhi High Court, New Delhi-110003
Mobile – 9891403206
Landline – 011 - 35554905
Email – [email protected]

22.07.2024 Delhi High Court (DB) Delhi HC seeks Centre's response on plea challenging requirement of ration card for availing bene...

12.07.2024Delhi High Court (DB)Retrospective promotions – Delay in paying the arrears of salary – Interest @ 8% p.a. – G...
23/09/2024

12.07.2024
Delhi High Court (DB)

Retrospective promotions – Delay in paying the arrears of salary – Interest @ 8% p.a. – Government is liable to pay interest from the date the amount became due till the payment is made to the employee – Delhi High Court (DB)

[Parkash Chandra Vs. Union of India & Ors., W.P. (C) No. 12054/2019, Review Pet. No. 19/2020, Delhi High Court, decided on 12.07.2024]

https://www.advocateanujaggarwal.com/advocateadmin/img/Finalist/2024092317270845712024%20Del%20DB%20-%20PARKASH%20CHANDRA.pdf

https://advocateanujaggarwal.com/home.php

https://judgmentslaw.blogspot.com/2024/09/retrospective-promotions-delay-in.html

Anuj Aggarwal
Advocate
D-26/A, First Floor, Jangpura Extension,
New Delhi - 110014

483, Block-2, Lawyers Chambers,
Delhi High Court, New Delhi-110003
Mobile – 9891403206
Landline – 011 - 35554905
Email – [email protected]

12.07.2024 Delhi High Court (DB) Retrospective promotions – Delay in paying the arrears of salary – Interest @ 8% p.a. – Government ...

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483, Block-2, Lawyers Chambers, Delhi High Court, New Delhi –
Delhi
110003

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