Shweta Razdan vs Bapu Adarsh Vidhyalaya Public ...
2013 Latest Caselaw 3579 Del

*               IN THE HIGH COURT OF DELHI AT NEW DELHI

+                            W.P.(C) No. 6159/2010
%                                                              13th August, 2013

SHWETA RAZDAN                                                ......Petitioner
                             Through:      Mr. Vibhav Misra, Adv. for Ms.
                                           Avnish Ahlawat, Adv.


                             VERSUS

BAPU ADARSH VIDHYALAYA PUBLIC SCHOOL & ORS.
                                            ...... Respondents
                 Through: Mr. Sambhuti Kumar, Adv. for Mr.
                          Ajai Kumar, Adv. for R-1 and 2.

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

To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

1.              Two reliefs are claimed in this writ petition. First is for grant of

payment of salary in terms of the 6th Pay Commission Report which has

been directed to be implemented by schools in Delhi in terms of the circular

of the Director of Education dated 11.2.2009. The second relief claimed is

for gratuity.


2.              So far as the first relief of payment in terms of 6 th Pay

Commission Report is concerned, I have had an occasion to consider this

WPC 6159/2010                                                       Page 1 of 3
 aspect in many cases and one such case is T.P.Singh Vs. Guru Harkrishan

Public School & Ors. in W.P.(C) 12132/2009 decided on 14.2.2013 wherein

I have held that even minority schools have to pay in terms of the circular of

the Director of Education dated 11.2.2009 by which the employees of

schools were to be paid in terms of 6th Pay Commission Report. This prayer

of the petitioner is therefore allowed.


3.           The second relief claimed is for gratuity.         Since it is not

disputed that petitioner was a teacher in the school, and that too since 1975,

petitioner will be entitled to payment of gratuity in terms of the judgment

passed by me in the case of Deepak Dua Vs. Directorate of Education and

Anr. in WPC 7040/2011 decided on 10.4.2013. Adopting the ratio of that

case petitioner is also held entitled to be paid gratuity by the school.


4.           In view of the above, the writ petition is allowed and

respondent nos. 1 and 2 are directed to make payments to the petitioner with

respect to the 6th Pay Commission Report as also of gratuity within a period

of four months from today. All the amounts including arrears shall be paid

alongwith interest at 6% per annum simple from the date amounts become

due till the date of payment. In case the amounts are not paid within four

months, interest thereafter will be payable at 9% per annum simple.

WPC 6159/2010                                                     Page 2 of 3
 5.           The writ petition is allowed and disposed of, leaving parties to

bear their own costs.




AUGUST 13, 2013                              VALMIKI J. MEHTA, J.

ib