Dharam Vir & Ors. vs Bgs International Public School & ...
2017 Latest Caselaw 304 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         W.P.(C) No. 1359/2015

%                                                        17th January, 2017

DHARAM VIR & ORS.                                             ..... Petitioners

                          Through:       Mr. Naveen Kumar Raheja, Advocate
                                         for P-6.

                          versus

BGS INTERNATIONAL PUBLIC SCHOOL & ANR.                      ..... Respondents

                          Through:       Mr. Prarthana Samrath, Advocate for
                                         R-1.

                                         Ms. Isha Khanna, Advocate for R-2.

CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

1. This writ petition will be the writ petition only qua erstwhile

petitioner nos. 2 to 7 in view of original petitioner no. 1 being deleted from

the array of parties vide order dated 11.2.2015.

2. By this writ petition, the erstwhile petitioner Nos. 2 to 7 who

are admittedly employees of respondent no. 1/school, such persons working

as Drivers, seek the relief of being granted monetary emoluments in terms

of the Sixth Pay Commission report. The Sixth Pay Commission report has

been made applicable to the schools in Delhi by virtue of order of the

Director of Education dated 11.2.2009. In terms of Section 10 of the Delhi

School Education Act, 1973 employees of private schools in Delhi ought to

receive all monetary emoluments equal to those being paid to similarly

placed employees in government schools.

3. In view of the above, the petitioners are entitled to reliefs of

being paid their salaries in terms of the Sixth Pay Commission report as

made applicable to schools as per the order of the Director of Education

dated 11.2.2009. However, the reliefs which will be granted to the

petitioners will only be prospective from three years prior to filing of the

writ petition and till the date petitioners' services were terminated in terms

of the letters of respondent no. 1/school dated 27.5.2015.

4. Since the issue in the present case involves calculation of

benefits on account of services rendered by the petitioner nos. 2 to 7 with

the respondent no. 1/school, and which aspect of calculation can best be

looked into by the Directorate of Education or its nominee, accordingly,

parties will appear before the Directorate of Education on 21 st February,

2017 at 3:00 p.m. and the Directorate of Education or his nominee will

thereafter pass a speaking order after hearing the parties as to the amount

which would be payable to the petitioners under different heads.

5. The aforesaid order is passed without prejudice to the rights of

the petitioner nos. 2 to 7 challenging their orders of dismissal from services

and in case petitioners are directed to be reinstated in services, petitioners

will also get monetary benefits pursuant to the order of their reinstatement

in services when such an order is so passed and becomes final as against

respondent no. 1/school.

6. Respondent no. 1/school will be entitled to adjustments of the

amounts that the respondent no. 1/school has already paid to the petitioners.

VALMIKI J. MEHTA, J JANUARY 17, 2017 AK