Smt.Pramod Popli vs Kulachi Hansraj Model School & ...
2013 Latest Caselaw 1940 Del

*              IN THE HIGH COURT OF DELHI AT NEW DELHI

+                           W.P.(C) No. 4601/2012
%                                                             29th April, 2013

SMT.PRAMOD POPLI                                                ......Petitioner
                            Through:      Mr. Ashok Aggarwal and Ms. Nisha Tomar,
                                          Advocates.


                            VERSUS

KULACHI HANSRAJ MODEL SCHOOL & ORS.            ...... Respondents
                 Through: Ms. Purnima Maheshwari, Advocate.

CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

    To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

1.       The only relief claimed in this writ petition is the claim of the petitioner for

benefits of 6th Pay Commission Report, and which has been held applicable to

schools by the circular of the Director of Education dated 11.2.2009.


2.       I have had an occasion to consider this aspect in various judgments and as

per a recent judgment passed on 14.2.2013 in W.P.(C) No. 12132/2009 titled as

T.P.Singh Vs. Guru Harkrishan Public School & Ors., I have held that benefits

of Sixth Pay Commission have to be given to employees of schools in Delhi.




WPC 4601/2012                                                                  Page 1 of 3
 3.    In the present case, school is respondent no.1 namely Kulachi Hansraj

Model School. In spite of opportunity, respondent no.1-school has not filed its

counter-affidavit. Respondent no.3, which is the Director of Education has filed its

counter-affidavit supporting the stand of the petitioner that in case the petitioner is

a confirmed employee, he will be entitled to the benefits of 6 th Pay Commission

Report in view of the circular of the Director of Education dated 11.2.2009.


4.    A reading of the writ petition shows that the petitioner was employed in the

year 1987 on permanent basis, and the petitioner has retired on 31.7.2012.

Petitioner therefore from the date as given in the circular of the Director of

Education dated 11.2.2009, will be entitled to benefits of 6 th Pay Commission

Report till the petitioner retired on 31.7.2012. Petitioner will be entitled from the

respondent no.1 to be paid the benefits of 6th Pay Commission Report, and which

benefits as payable to the petitioner will be calculated in terms of the circular of the

Director of Education dated 11.2.2009. Benefits of 6th Pay Commission in terms

of the circular dated 11.2.2009 will be payable to the petitioner till the petitioner

retired in normal course on 31.7.2012.


5.           The respondent no.1-school will make the payment in terms of this

judgment within a period of three months from today. Petitioner will also be

entitled to interest at 6% per annum simple on the amount payable for the period of

WPC 4601/2012                                                                 Page 2 of 3
 pendency of this petition and for a period of three months from today. If payment

is not made within three months then petitioner thereafter will be entitled to

interest at 9% per annum simple till actual payment.

6.    The writ petition is allowed and disposed of accordingly.




APRIL 29, 2013                              VALMIKI J. MEHTA, J.

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