Ryan International School ... vs Uoi & Ors.
2013 Latest Caselaw 3552 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                 W.P.(C) No. 6470/2010
%                                       12th August, 2013
RYAN INTERNATIONAL SCHOOL EMPLOYEES WELFARE
ASSOCIATION &ANR.                       ..... Petitioners

                          Through:       Mr. Rohit Dhingra, Adv.

                          versus

UOI & ORS.                                                 ..... Respondents

                          Through:       Mr. Amrit Pal Singh, Adv. for R-1
                                         and 2.

                                         Mr. Atul Kumar, Adv. for R-4.

                                         Mr. Ashok Bhasin, Sr. Adv. with Mr.
                                         Jaideep Bedi, Mr. Sunklan Porwal and
                                         Mr. Anubhav, Advocates for R-5:
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

1.    There is a limited relief which is prayed in the writ petition. The same

is of implementation of the report of the 6th Pay Commission.


2.    I have had an occasion to examine this aspect in various cases and one

such case is the case of T.P.Singh Vs. Guru Harkrishan Public School &

Ors. in W.P.(C) 12132/2009 decided on 14.2.2013 wherein I have directed


WPC 6470/2010                                                       Page 1 of 3
 payment in terms of the 6th Pay Commission Report even by minority

schools.


3.    The Director of Education has also issued a circular dated 11.2.2009,

directing the schools in Delhi to make payments in terms of 6 th Pay

Commission.


4.    This writ petition is therefore allowed and disposed of by directing the

respondent no.5-school to make payment to the petitioners who are

employees of the school in Delhi. Whatever arrears are due and payable to

such employees/teachers/members of the petitioner's association be paid

within a period of six months from today alongwith interest at 6% per

annum simple from the date from which the amount becomes due and till the

date of payment. In case the arrears are not paid within a period of six

months from today thereafter, the respondent no.5-school will be liable to

pay interest at 9% per annum simple.


5.    I am informed by learned senior counsel for the respondent no.5-

school that many of the employees/teachers who have come to this Court,

are not governed by the Delhi School Education Act and Rules, 1973. Such

employees of respondent no.5-school therefore will not get any benefit of

today's order, and if such employees have a right in accordance with Acts of
WPC 6470/2010                                                      Page 2 of 3
 the other States as U.P.or Haryana, then, those employees are given liberty

to file appropriate proceedings in competent court for redressal of their

grievances.

6.    The writ petition is allowed and disposed of with the aforesaid

directions.




AUGUST 12, 2013                            VALMIKI J. MEHTA, J.

ib