Gulvinder Singh vs The Directorate Of Education & ...
2018 Latest Caselaw 1014 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                       Date of Order: February 12, 2018

+     W.P.(C) 1285/2018
      GULVINDER SINGH                                       ..... Petitioner
                   Through:            Mr. Paramjeet Singh, Advocate

                        Versus

      THE DIRECTORATE OF EDUCATION & ORS. .... Respondents
                   Through: Ms. Vibha Mahajan Seth,
                   Advocate for respondent No.1-DoE

      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

                        ORDER

(ORAL)

1. Implementation of Sixth Central Pay Commission's recommendation is sought by petitioner, who claims to have resigned on 11th June, 2009 as Trained Graduate Teacher (TGT). For the first time, petitioner had sought release of arrears of pay etc. in terms of recommendations of Sixth Central Pay Commission vide letter of 19th October, 2015 (Annexure P-10), which according to petitioner, was not responded to.

2. Learned counsel for petitioner submits that Legal Notice of 11 th March, 2016 (Annexure P-11) to seek relief as claimed in this petition was sent to respondent-School but there is no response to it. Learned counsel for petitioner submits that arrears of pay etc. in terms of recommendations of Sixth Central Pay Commission are to be paid by

respondent No.2. However, the Legal Notice of 11th March, 2016 (Annexure P-11) has been addressed to third respondent.

3. Be that as it may. The request for release of arrears of pay in terms of recommendation of Sixth Central Pay Commission has been made to second respondent vide letter of 19th October, 2015 (Annexure P-10). Despite service of advance notice, none has appeared on behalf of second and third respondents.

4. In the facts and circumstances of this case, while leaving the question of limitation open, it is deemed appropriate to dispose of this petition with direction to second respondent to give a proper response (if not already given) to petitioner's letter of 19th October, 2015 (Annexure P-10) within six weeks and its fate be communicated to petitioner within two weeks thereafter, so that petitioner may avail of the remedies, as available in law, if need be.

5. With aforesaid directions, this petition is disposed of.

(SUNIL GAUR) JUDGE

FEBRUARY 12, 2018 r