Savita Bhatnagar & Ors vs The Managing Committee St. Sophia ...
2013 Latest Caselaw 1217 Del

*              IN THE HIGH COURT OF DELHI AT NEW DELHI

+                              W.P.(C) 1240/2010
%                                                             12th March, 2013

SAVITA BHATNAGAR & ORS                                         ..... Petitioners

                               Through:   Mr. Preet Pal Singh and Mr. Achal Gupta,
                                          Mr. H.K.Shekhar, Advocates.



                      versus

THE MANAGING COMMITTEE ST. SOPHIA SR. SEC. SCHOOL & ORS

                                                              ..... Respondents

Through: Mr. Vinay Kr. Garg, Adv. for R-1 and 2.

Ms. Reeta Kaul, Adv. for R-3 and R-

4/GNCT.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

CM No. 9483/2011 (for direction)

This application is allowed and the writ petition is restored for hearing.

CM stands disposed of.

CM No. 2392/2013(u/o 1 R 10 CPC by petitioner)

This is an application for adding one Ms. Neelam Sahani as a petitioner in

the writ petition. Since the applicant is praying the same relief as the other

petitioners, the application is allowed. Amended memo of parties be filed within

one week.

CM stands disposed of.

W.P.(C) no. 1240/2010

1. By this writ petition, the petitioners are praying for implementation of the

report of the Sixth Pay Commission by the respondent nos. 1 and 2/School and the

Society.

2. I have had an occasion to consider this aspect in various judgments and as

per a recent judgment passed on 14.2.2013 in W.P.(C) No. 12132/2009 titled as

T.P.Singh Vs. Guru Harkrishan Public School & Ors., I have held that schools

have to pay arrears in terms of the Sixth Pay Commission Report in view of the

order of the Director of Education dated 11.2.2009.

3. Accordingly, adopting the ratio of T.P.Singh's case (supra), it is directed

that petitioners will be paid their dues in terms of the report of the Sixth Pay

Commission read with the general order of the Director of Education dated

11.2.2009 and the specific order dated 25.4.2011 so far as the respondent nos.1 and

2 are concerned. Petitioners will be entitled to interest at 6% per annum simple on

the arrears during the period for which this petition was pending, and for a period

of three months from today, and during which period, the arrears with interest be

paid by respondent nos. 1 and 2. In case, the arrears are not paid within three

months, thereafter, the respondent nos. 1 and 2 will be liable to pay interest at 9%

per annum simple to the petitioners till actual payment.

4. The writ petition is disposed of with the aforesaid observations.

VALMIKI J. MEHTA, J

MARCH 12, 2013

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