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HIGH COURT OF DELHI
W.P.(C) No. 6470/2010 12th August, 2013 RYAN INTERNATIONAL SCHOOL EMPLOYEES WELFARE
ASSOCIATION &ANR. ..... Petitioners
Through: Mr. Rohit Dhingra, Adv.
Through: Mr. Amrit Pal Singh, Adv. for R-1 and 2.
Mr. Atul Kumar, Adv. for R-4.
Mr. Ashok Bhasin, Sr. Adv. with Mr. Jaideep Bedi, Mr. Sunklan Porwal and
Mr. Anubhav, Advocates for R-5:
To be referred to the Reporter or not? VALMIKI J. MEHTA, J (ORAL)
JUDGMENT
1. There is a limited relief which is prayed in the writ petition. The same is of implementation of the report of the 6th Pay Commission.
2. I have had an occasion to examine this aspect in various cases and one such case is the case of T.P.Singh Vs. Guru Harkrishan Public School & Ors. in W.P.(C) 12132/2009 decided on 14.2.2013 wherein I have directed 2013:DHC:4001 payment in terms of the 6th Pay Commission Report even by minority schools.
3. The Director of Education has also issued a circular dated 11.2.2009, directing the schools in Delhi to make payments in terms of 6th Pay Commission.
4. This writ petition is therefore allowed and disposed of by directing the respondent no.5-school to make payment to the petitioners who are employees of the school in Delhi. Whatever arrears are due and payable to such employees/teachers/members of the petitioner’s association be paid within a period of six months from today alongwith interest at 6% per annum simple from the date from which the amount becomes due and till the date of payment. In case the arrears are not paid within a period of six months from today thereafter, the respondent no.5-school will be liable to pay interest at 9% per annum simple.
5. I am informed by learned senior counsel for the respondent no.5school that many of the employees/teachers who have come to this Court, are not governed by the Delhi School Education Act and Rules, 1973. Such employees of respondent no.5-school therefore will not get any benefit of today’s order, and if such employees have a right in accordance with Acts of the other States as U.P.or Haryana, then, those employees are given liberty to file appropriate proceedings in competent court for redressal of their grievances.
6. The writ petition is allowed and disposed of with the aforesaid directions.
AUGUST 12, 2013 VALMIKI J. MEHTA, J. ib