Ravinder Kaur Maidh vs Guru Harkishan Public School & ...
2017 Latest Caselaw 191 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         W.P.(C) No.11314/2015

%                                                       11th January, 2017

RAVINDER KAUR MAIDH                                             ..... Petitioner
                 Through:                Mr. Rajesh Goshwami, Advocate
                                         with Mr. Sushil Kumar, Advocate.
                          versus

GURU HARKISHAN PUBLIC SCHOOL & ORS.        ..... Respondents

Through: Mr. Srivats Kaushal, Advocate for respondent No.1.

Mr. Sanjeev Singh, Advocate with Mr. Raghvendra Pandey, Advocate for respondent No.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 under Article 226 of the Constitution of

India, the petitioner who superannuated from the respondent no.1/school on

31.12.2013 seeks the relief of being granted monetary benefits including the

terminal benefits by applying the 6th Pay Commission Report and which

became applicable to the schools by virtue of the order of the Director of

Education dated 11.2.2009.

2. The writ petition is within the limitation of three years because

the writ petition is filed on 3.12.2015 and the petitioner superannuated on

31.12.2013. However, the claim with respect to implementation of the 6 th

Pay Commission Report by virtue of the order of the Director of Education

dated 11.2.2009 which is for monetary benefits on application of the 6 th Pay

Commission Report will be w.e.f the date which is prior to three years of the

filing of the writ petition which would not be time barred, but not for the

period before three years of the filing of the petition and which claim will be

time barred. Schools in Delhi are bound by the order of the Director of

Education dated 11.2.2009 is no longer res integra and has been decided by

this Court in the case of T.P. Singh and Ors. Vs. Guru Harkrishan Public

School and Ors. 2013 III AD (Delhi) 482.

3. In view of the above, this writ petition is allowed and the

respondent no.1 is directed to clear the dues of the petitioner within a period

of six months from today along with interest @ 4% per annum simple from

the date the amounts became due to the petitioner and till the date amounts

are paid to the petitioner. In case, however, the amounts are paid to the

petitioner within three months from today, then, no interest will be payable

by the respondent no.1, as agreed by the petitioner. The amounts which will

be paid by the respondent no.1 will be accompanied by a detailed chart

specifying how the total amounts are calculated under different heads and

which will also state the relevant basis and period for calculation of the

amounts payable under the different heads.

4. Writ petition is allowed and disposed of accordingly, leaving

the parties to bear their own costs.

      c




JANUARY 11, 2017                                VALMIKI J. MEHTA, J
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