Sh. Ajay Kumar Shamra & Ors. v. Dilshad Public School & Ors.

1. There are 13 petitioners in this writ petition filed under Article 226 of the Constitution of India. These petitioners in terms of the chart given in para 3 of the writ petition are working in the posts of T.G.T or P.R.T or Chowkidar or Water-woman with the respondent no.1. Petitioners though have claimed various reliefs in this writ petition, the prayer before this Court is confined to petitioners being granted benefit of the 6th Central Pay 2015:DHC:1219 Commission Report which is applicable to schools in terms of the notification of the Director of Education dated 11.2.2009.

2. Respondent nos. 1 & 2, school and society have filed a counter affidavit stating that the school does not have finances, and therefore the petitioners cannot be granted payments in terms of the 6th Commission Report.

3. I have had an occasion to consider this aspect in the judgment delivered by me in the case of Meenu Thakur Vs. Somerville School & Ors. in W.P.(C) No.8748/2010 decided on 13.2.2013, wherein I have held that lack of financial ability of the school is not a ground to deny benefits to teachers of payments in terms of the 6th Central Pay Commission recommendations. Even a Division Bench of this Court in the case of Rukmani Devi Jaipuria Public School Vs. Sadhna Payal & Ors. in LPA No.286/2010 decided on 11.5.2012 has held that merely because the school cannot shift the burden on the students by enhancing the fees, the same is totally immaterial and an irrelevant question, when, the question is of payment to the teachers in terms of the revised pay-scale as per a pay commission report made applicable to schools by the Director of Education.

4. In view of the above, this writ petition is allowed. The petitioners from a period of three years prior to filing of their representation and thereafter continuously, of course as per applicable guidelines, will be paid their salaries on the higher pay scale in terms of the 6th Commission report and the notification of the Director of Education dated 11.2.2009. The arrears and differences of the salaries be paid to the petitioners within a period of six months from today, as agreed by the parties. The amounts which would be payable to the petitioners will be directly credited into the bank accounts of the petitioners. Respondent no.1 can obviously adjust those amounts which are already paid to the petitioners.

5. In terms of the above, the writ petition is allowed and disposed of.

FEBRUARY 06, 2015 VALMIKI J. MEHTA, J KA