Delhi High Court
Rajni Naik vs Manjit Singh G K & Ors on 19 February, 2020
$~66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 19.02.2020
+ CONT.CAS(C) 7/2018
RAJNI NAIK ..... Petitioner
Through: Mr.Satymev Sabarn Adv.
versus
MANJIT SINGH G K & ORS ..... Respondents
Through: Ms. Latika Chaudhary, Adv. for
DOE.
Mr. Inderbir Singh Alag, Sr. Adv.
with Mr.Pravir Singh and Ms.
Tejaswini, Advs. for school/society.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J. (Oral)
1. The learned counsel for the petitioner submits that the monies would
be payable to the petitioner, alongwith interest @ 9% per annum thereon.
The Department of Education while calculating the amounts payable to the
petitioner by the management has not taken into consideration the aforesaid
rate of interest.
2. In terms of this Court's judgment dated 06.03.2013 in WP(C)
2132/2001, the monies were paid to the petitioners. The said order reads,
inter alia, as under:
".......
CONT.CAS(C) 7/2018
Signature Not Verified
Digitally signed By:KAMLESH
KUMAR
Signing Date:28.02.2020
13:04:53
6. In view of the above, the writ petition is allowed
and petitioners are directed to be paid their arrears due to
them in terms of sixth pay commission report within a
period of three months from today. Petitioners will be
entitled to interest @ 6% per annum simple during the
pendency of this petition and till the arrears are paid within
a period of three months from today. If the arrears are not
paid within three months thereafter the rate of interest will
become 9% per annum simple.
....."
3. Mr. Alag, the learned Senior Advocate for the management, submits
that the petitioner has admitted that the entire amount has been already
received by her. He refers to para 12 of the petition, which reads as under:
"....
12. That the Contemnors only partially complied with
the Order dated 22.05.2015 and paid the arrears pertaining
to the pay commission relating to the salary only (Basic +
DA + Grade Pay + HRA), but defaulted in the payment of
the arrears of the Transport Allowance and Interest due
thereon in terms of the Judgment and Order dated
06.03.2013 in W.P. (C) No. 2132/2011.
....."
4. The learned counsel for the petitioner submits that interest and
transport allowance are still payable. Insofar as this Court's order dated
06.03.2013 had directed the payment of interest, it is the petitioner's right
and ought to be paid to her as per the calculation of the Directorate of
Education. The monies in terms thereof shall be paid by the management.
5. In the circumstances, the petitioner shall give her own computation, of
the amounts due from the management, within two weeks from the date of
CONT.CAS(C) 7/2018
Signature Not Verified
Digitally signed By:KAMLESH
KUMAR
Signing Date:28.02.2020
13:04:53
receipt of copy of this order only apropos the interest and Transport
Allowance as claimed in the aforesaid paragraph.
6. The same shall be considered by the Department of Education,
GNCTD within two weeks thereafter. Its computation and decision shall be
intimated to the petitioner as well as to the management.
7. Should some monies be payable as per the GNCTD, the management
shall pay the said monies within four weeks thereafter.
8. The petition is disposed-off in terms of the above.
NAJMI WAZIRI, J
FEBRUARY 19, 2020
AB
CONT.CAS(C) 7/2018
Signature Not Verified
Digitally signed By:KAMLESH
KUMAR
Signing Date:28.02.2020
13:04:53
