Uma Walia vs Govt. Of Nct Of Delhi And Ors.
2013 Latest Caselaw 889 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                           WP(C) No.6072/2011

%                                                      February 21, 2013

UMA WALIA                                     ..... Petitioner
                            Through:     Mr. Baljit Singh, Advocate.

                            versus


GOVT. OF NCT OF DELHI AND ORS.          ..... Respondents

Through: Ms. Ruchi Sindhwani, Advocate for respondent Nos.1,2 and 3.

Mr. Sanjeev Kumar, Advocate for respondent Nos.4 and 5.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

1. Though there are two reliefs sought in the present petition,

counsel for the petitioner confines the relief prayed to grant of monetary

benefits as per the sixth pay commission report.

2. The petitioner was a teacher of the respondent No.4-shcool and

she retired on 31.1.2011.

3. The Director of Education vide order dated 11.2.2009 in

exercise of powers under Sections 17(3), 24(3), 18(4) and (5) of the Delhi

School Education Act, 1973 and Rules 50,51,177 and 180 of the Delhi

School Education Rules, 1973 and all other enabling powers directed the

schools in Delhi to make the payment to the teachers of the amounts due as

per the sixth pay commission report. Vide paras 7 and 8 of the said order

dated 11.2.2009, it has been directed that arrears be cleared as per the

instalments given in the said paras.

4. I have had an occasion to consider this aspect in a series of

cases and the last of this judgment is T.P. Singh Vs. Guru Harkrishan

Public School and Ors. in W.P.(C) No.12132/2009 decided on 14.2.2013

and in which judgment I have held that the order of Director of Education

dated 11.2.2009 also applies to unaided minority schools.

5. In view of the above facts, and adopting the ratio in the case of

T.P. Singh (supra), the writ petition is allowed and the respondent Nos.4

and 5 are directed to make payment to the petitioner of the amount due as

per the sixth pay commission report and the order of Director of Education

dated 11.2.2009. Petitioner will be entitled to interest @ 6% per annum

simple for the period the petition was pending in this Court and for a further

period of three months from today, and in which period the respondent

Nos.4 and 5 shall make the payment due to the petitioner. In case, the

payment is not made within three months, thereafter, the respondent Nos.4

and 5 will be liable to pay interest @ 9% per annum simple.

6. Writ petition is disposed of with the aforesaid observations.

VALMIKI J. MEHTA, J FEBRUARY 21, 2013 Ne