S K Verma And Ors vs Union Of India And Ors
2018 Latest Caselaw 888 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                         Date of Order: February 06, 2018

+     W.P.(C) 4946/2016
      S K VERMA AND ORS                                  ..... Petitioners
                   Through:             Mr. Gaurav Kakkar, Advocate

                           Versus

      UNION OF INDIA AND ORS                ..... Respondents
                    Through: Mr. Dev P. Bhardwaj, CGSC&
                    Mr. Satya Prakash, Advocates for respondent
                    No.1-UOI
                    Mr. Santosh Kumar Tripathi, Addl. Standing
                    Counsel for respondents No. 2 and 3

      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

                            ORDER

(ORAL)

1. In this petition, first petitioner is the Principal, second petitioner is Post Graduate Teacher (PGT) and remaining petitioners are Trained Graduate Teachers (TGT) of respondent No.4-School, who seek direction to respondents to refix their pay w.e.f 1st January, 2006, inclusive of entry pay and increments. The benefit of additional increments / bunching is also sought in this petition.

2. Learned counsel for petitioners relies upon a decision of a Division Bench of this Court in Adhyapak Shakti Manch, Delhi Vs. Government of

W.P.(C) 4946/2016 Page 1 NCT of Delhi & Anr 2018 SCC OnLine Del 6758 to submit that the case of petitioners is covered by the aforesaid decision.

3. Learned counsel for respondent-Directorate of Education fairly states that this petition can be disposed of in terms of decision in Adhyapak Shakti Manch (Supra).

4. At this stage, counsel for petitioners submits that the issue of bunching of pay scales still survives for consideration.

5. In view of aforesaid, this petition is disposed of with direction to respondent-Directorate of Education to refix pay of petitioners appointed or promoted prior to 1st January, 2006 in terms of decision in Adhyapak Shakti Manch (Supra) within a period of twelve weeks.

6. So far as petitioners' claim qua bunching of pay scales is concerned, it is deemed appropriate to permit petitioners to seek the relief in this regard after their pay is refixed, by filing a concise Representation within a period of four weeks. If any such Representation is received, respondent-Directorate of Education shall pass a speaking order thereon within six weeks of receipt such representation and the fate of Representation be made known to petitioners within a week thereafter, so that petitioners may avail of the remedy as available in law, if need be.

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

Dasti.

                                                           (SUNIL GAUR)
                                                              JUDGE

FEBRUARY 06, 2018
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W.P.(C) 4946/2016                                                      Page 2