Jyotika Bajaj vs Gnct Of Delhi And Ors
2013 Latest Caselaw 772 Del

*              IN THE HIGH COURT OF DELHI AT NEW DELHI

+                           W.P.(C) No. 1049/2011
%                                                          15th February, 2013

JYOTIKA BAJAJ                                                    ..... Petitioner

                            Through:     Adv. (appearance not given)

                            versus

GNCT OF DELHI AND ORS                                            ..... Respondents

                            Through:     Mr. Mohinder J.S.Rupal, Adv.for R-1.
                                         Mr. Hemant Singh, Adv. for Ms. Sonia
                                         Arora, Adv. for R-1 & 2.
                                         Mr.Ashok Bhasin,Sr. Adv. with Mr. Jaideep,
                                         Mr.Sanklan Parul and Mr. Anubhav Bhasin,
                                         Advocates for R-3.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

    To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

1.             The issue in the present case is the claim of the petitioner, who is a

teacher in the respondent no.3-school, for payment of service benefits in terms of

the report of the 6th Pay Commission.           I may note that the Director of

Education/respondent no.2 has already passed an order dated 11.2.2009 directing

all the schools in Delhi to make payments to the employees and teachers of arrears

of salaries in terms of the 6th Pay Commission Report. The installments in which
W.P.(C) 1049/2011                                                            Page 1 of 3
 the arrears were to be payable are stated in paras 7 and 8 of the order dated

11.2.2009 of the Director of Education-respondent no.2.


2.            I have had an occasion to consider this aspect in various cases and the

last of my judgment is the judgment in the case titled as T.P.Singh Vs. Guru

Harkishan Public School &Ors. in W.P.(C) No. 12132/2009 decided on

14.2.2013 wherein I have held that the teachers and employees of the private

schools have to be paid the dues in terms of the order of the Director of Education

dated 11.2.2009. Adopting the reasoning contained in the case of T.P.Singh Vs.

Guru Harkishan Public School &Ors (supra) till the time the petitioner was a

teacher in the respondent no.3 school, for that period, the petitioner will be entitled

to monetary emoluments in terms of the order of the Directorate of Education

dated 11.2.2009. Since the petitioner has already received an amount of Rs.

4,85,982/-, in terms of the receipt dated 13.1.2012, the petitioner will be paid the

balance amount of arrears within a period of three months from today. If the

balance arrears are not paid within three months, thereafter the respondent no.3

school will be liable to pay interest on the arrears due and payable at 9%per annum

simple.




W.P.(C) 1049/2011                                                            Page 2 of 3
 3.            The writ petition is disposed of with the aforesaid observations.




FEBRUARY 15, 2013                                    VALMIKI J. MEHTA, J.

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