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21st March, 2013 DAVINDER JEET KAUR ......Petitioner
Through: Mr.Shahid Ali Rao and Mr. Manoj Sharma, Advocates.
Through: Mr. Sachin Datta, CGSC with Ms. Niti Arora, Adv. for R-1.
Ms. Prabhsahay Kaur, Adv. for R-2 and R-3.
Mr. Anuj Tyagi and Mr. Sachin Chopra, Adv. for R-1 & 4.
To be referred to the Reporter or not? VALMIKI J. MEHTA, J (ORAL)
JUDGMENT
1. The only relief claimed in this petition is that petitioner who is an employee of the respondent no.3-school be paid salary in terms of the 6th Pay Commission Report. The Director of Education has already issued a circular dated 11.2.2009 directing the schools in Delhi to implement the 6th Pay Commission Report with respect to the salaries payable to the teachers. 2013:DHC:1543 W.P.(C) No.3094/2012
2. I have already had an occasion to consider this aspect in a string of cases and one such case is T.P.Singh Vs. Guru Harkishan Public School & Ors. in W.P.(C) 12132/2009 decided on 14.2.2013.
3. Accordingly, following the ratio of the judgment in the case of T.P.Singh Vs. Guru Harkishan Public School & Ors., this writ petition is allowed and respondent no.3-school is directed to give benefit of the 6th Pay Commission Report to the petitioner, in accordance with law. The arrears be paid by the respondent no.3-school to the petitioner within a period of three months from today, and the petitioner will be entitled to interest at 6% per annum simple on the arrears for the period for which this petition was pending. If the arrears are not paid within three months, thereafter the petitioner will be entitled to interest at 9% per annum simple.
4. The writ petition is allowed and disposed of accordingly.
MARCH 21, 2013 VALMIKI J. MEHTA, J. ib