Delhi High Court
Meenu Saxena And Ors vs Arya Vidya Mandir And Ors on 19 July, 2013
Author: Valmiki J. Mehta
i.8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7014/2012
% 19th July, 2013
MEENU SAXENA AND ORS ..... Petitioners
Through: Mr. Ashok Aggarwal, Adv.
versus
ARYA VIDYA MANDIR AND ORS ..... Respondents
Through: Mr. S.K.Shukla, Mr. Rajiv Shukla
and Ms. Sneha Mukherjee, Advocates
for R-1 & R-2.
Mr. Anuj Tyagi and Mr. Sachin
Chopra, Adv. 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 limited issue in this case is the claim of the petitioners, who are
teachers and other employees in the respondent no.1-school, for payment to
them all salaries in terms of the reports of the 5th and 6th Pay Commissions
as adopted by the Director of Education.
2. It cannot be disputed that Director of Education has issued appropriate
orders for payment of the monetary emoluments to the teachers and
employees of the schools in terms of the 5th and 6th Pay Commissions
W.P. (C) 7014/2012 Page 1
Reports, of course, as per the modifications, if any, of the Director of
Education with respect to the amounts or the dates of implementation of the
Reports. With respect to the 6th Pay Commission, the order of the Director
of Education is dated 11.2.2009.
3. I may state that the lack of monetary ability in a school to make
payments of monetary emoluments to teachers & employees in terms of Pay
Commission Reports is not a ground to justify non-payment. I have so held
in the case of T.P.Singh Vs. Guru Harkishan Public School & Ors. in
W.P.(C) 12132/2009 decided on 14.2.2013. A Division Bench of this Court
has also held that lack of monetary capability is not a reason which a school
can give to deny payment to teachers and employees. The order in this
regard is also filed as Annexure 'C' to this writ petition and which is of the
Division Bench in LPA No. 286/2012 titled as Rukmani Devi Public School
Vs. Sadhna Payal & Others decided on 11.5.2012.
4. In view of the above, the writ petition is allowed and petitioners are
directed to be paid in terms of the orders of the Director of Education with
respect to 5th and 6th Pay Commissions Reports. The entire arrears payable to
the petitioners be now positively paid within three months from today. In
case, the amounts are not paid within three months, then, from the original
W.P. (C) 7014/2012 Page 2
date of implementation of 5th and 6th Pay Commissions Reports as directed
by the Director of Education, the petitioners will be entitled to interest at 9%
per annum simple. I may state that I am only in the interest of equity and
justice not granting interest in the first instance on the arrears because the
counsel for the school states that they have in fact applied for closure of the
school. Possibly, imposing additional interest burden may hasten the
closure of the school, which should be avoided. Parties are left to bear their
own costs.
VALMIKI J. MEHTA, J
JULY 19, 2013
ib
W.P. (C) 7014/2012 Page 3
