Delhi High Court
Ram Singh vs Guru Nanak College Of Education & ... on 16 December, 2014
Author: Hima Kohli
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6246/2014
Decided on 16.12.2014
IN THE MATTER OF :
RAM SINGH ..... Petitioner
Through : Mr. Jitendra Kumar Jha, Advocate
versus
GURU NANAK COLLEGE OF EDUCATION & ANR ..... Respondents
Through : Mr. Jasmeet Singh with
Ms. Kritika Mehra, Advocates
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J. (Oral)
1. This order is being passed in continuation of the orders passed
on 27.11.2014 and 9.12.2014.
2. On 27.11.2014, it was recorded that the petitioner, who is
working on the post of Peon in the respondent No.1/College, seeks
implementation of the Sixth Pay Commission and re-fixation of his
salary and payment of benefits/arrears along with interest. The
petitioner has also sought directions to the respondents to pay him
the outstanding salary for a period of three months and eleven days,
between 1.9.2013 to 12.12.2013.
3. On the aforesaid date, learned counsel for the petitioner had
stated at the outset that the arrears of salary has been paid to the
petitioner. But counsel for the petitioner had pressed for payment of
interest on the delayed payment and it was directed that the
respondents shall pay interest @ 9% per annum from the date the
salary amounts had become due and payable, till the said amounts
were released.
4. This left the issue with regard to implementation of the Sixth
Pay Commission. Learned counsel for the respondents had sought
time to file a brief affidavit on this aspect. However, the said affidavit
is not on record.
5. Mr. Singh, learned counsel for the respondents states that the
affidavit is ready. He hands over the affidavit with a copy to the other
side, which is taken on record. As per the averments made in the
affidavit sworn by Shri Ravinder Singh Khurana, Senior Vice President
and acting General Secretary of Delhi Sikh Gurudwara Management
Committee (DSGMC), the DSGMC is in the process of offering a
golden handshake to the employees working in various Guru
Harkishan Public Schools and mentioned that those who are not
willing to accept the one time settlement, would be paid arrears of
the Sixth Pay Commission along with interest in six equal
installments, as detailed in para 5 of the affidavit.
6. Learned counsel for the respondents states that the parent
cadre of the petitioner is Guru Harkishan Public School at Pubjabi
Bagh and he was posted on deputation with the respondent
No.1/College and the management proposes to transfer him back to
the School. Thereafter, being an employee of the School, he would be
entitled to receive the arrears of the Sixth Pay Commission on the
same terms as have been set out in para 5 of the affidavit.
7. Learned counsel for the petitioner states that the aforesaid offer
is acceptable to his client but the respondents may be directed to pay
interest on the delayed amounts. In this regard, reference is made to
the order dated 11.9.2014 passed by this Court in
WP(C)No.5514/2014 entitled 'Neeraj Maheshwari vs. School
Management of Guru Harkishan Public School & Anr.', wherein it was
directed that the arrears of the Sixth Pay Commission would be
released to the petitioner therein within a period of three years with
interest @ 6% per annum and in case the respondent No.1/School
therein failed to release the said amounts within the stipulated
timeline, then it would attract interest @ 9% per annum.
8. The facts of the present case are almost similar to the facts of
WP(C) No.5514/2014. It is therefore deemed appropriate to direct
that the petitioner would be entitled to interest @ 6% per annum if
the agreed amount is paid within three years reckoned from today
and in case the respondent No.2/DSGMC fails to release the said
amount within the aforesaid timeline, then interest @ 9% per annum
shall be payable to the petitioner and in any case the entire amount
would be paid by the respondent No.2/DSGMC to the petitioner on or
before 30.10.2017.
9. The writ petition is disposed of on the aforesaid lines, while
leaving the parties to bear their own costs.
(HIMA KOHLI)
DECEMBER 16, 2014 JUDGE
sk/rkb
