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Through: Mr. Rajiv Tyagi, Advocate with Mr. Ajay Kumar, Advocate.
Through: Mr. Dhanesh Relan, Advocate for respondent No.1.
Mr. Aadil Singh Boparai, Advocate with Ms. Vatsala Singh, Advocate for respondent Nos.2 to 4.
VALMIKI J. MEHTA, J (ORAL)
JUDGMENT
1. By this writ petition, the petitioners who are employees of respondent Nos.[2] and 3 pray for granting them monetary benefits payable under the report of sixth pay commission.
2. I may note that the Director of Education/respondent No.1 had 2013:DHC:1232 issued instructions/circular way back on 11.2.2009 directing the schools to make payments in terms of sixth pay commission report. Payments were to be made in instalments as stated in paras 7 and 8 of the said circular dated 11.2.2009.
3. Counsel for the respondent No.1/Director of Education has also drawn my attention to a letter dated 4.1.2012 written by the respondent No.4 that in the schools in question the payments in terms of sixth pay commission report will be made within one year from 4.1.2012. Today we are in March, 2013 but petitioners have not been paid.
4. I have had an occasion to deal with the same issue and one such judgment is the judgment in the case of T.P.Singh Vs. Guru Harkishan Public School &Ors. in W.P.(C) No. 12132/2009 decided on 14.2.2013 whereby I have directed the employees of the schools to be paid their dues in terms of sixth pay commission report.
5. Counsel appearing for respondent Nos.[2] to 4 very vehemently contends that the Managing Committee has changed and therefore the matter be adjourned. I do not think that change of Managing Committee can be a ground, in any manner, for adjourning this case.
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.
7. Writ petition is allowed and disposed of with the aforesaid observations.
VALMIKI J. MEHTA, J MARCH 06, 2013 Ne