Mr. Shambhu Nath Das And Ors. vs Director Of Education And Ors.
2013 Latest Caselaw 1126 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         WP(C) No.2132/2011

%                                                   March 06, 2013


MR. SHAMBHU NATH DAS AND ORS.               .... Petitioners
                 Through: Mr. Rajiv Tyagi, Advocate with Mr.
                          Ajay Kumar, Advocate.


                          versus


DIRECTOR OF EDUCATION AND ORS.               .... Respondents

Through: Mr. Dhanesh Relan, Advocate for respondent No.1.

Mr. Aadil Singh Boparai, Advocate with Ms. Vatsala Singh, Advocate for respondent Nos.2 to 4.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

1. By this writ petition, the petitioners who are employees of

respondent Nos.2 and 3 pray for granting them monetary benefits payable

under the report of sixth pay commission.

2. I may note that the Director of Education/respondent No.1 had

issued instructions/circular way back on 11.2.2009 directing the schools to

make payments in terms of sixth pay commission report. Payments were to

be made in instalments as stated in paras 7 and 8 of the said circular dated

11.2.2009.

3. Counsel for the respondent No.1/Director of Education has also

drawn my attention to a letter dated 4.1.2012 written by the respondent No.4

that in the schools in question the payments in terms of sixth pay

commission report will be made within one year from 4.1.2012. Today we

are in March, 2013 but petitioners have not been paid.

4. I have had an occasion to deal with the same issue and one such

judgment is the judgment in the case of T.P.Singh Vs. Guru Harkishan

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

whereby I have directed the employees of the schools to be paid their dues in

terms of sixth pay commission report.

5. Counsel appearing for respondent Nos.2 to 4 very vehemently

contends that the Managing Committee has changed and therefore the matter

be adjourned. I do not think that change of Managing Committee can be a

ground, in any manner, for adjourning this case.

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

are directed to be paid their arrears due to them in terms of sixth pay

commission report within a period of three months from today. Petitioners

will be entitled to interest @ 6% per annum simple during the pendency of

this petition and till the arrears are paid within a period of three months from

today. If the arrears are not paid within three months thereafter the rate of

interest will become 9% per annum simple.

7. Writ petition is allowed and disposed of with the aforesaid

observations.

VALMIKI J. MEHTA, J MARCH 06, 2013 Ne