Uma Walia v. Govt. of NCT of Delhi and Ors.

1. Though there are two reliefs sought in the present petition, counsel for the petitioner confines the relief prayed to grant of monetary benefits as per the sixth pay commission report.

2. The petitioner was a teacher of the respondent No.4-shcool and she retired on 31.1.2011.

3. The Director of Education vide order dated 11.2.2009 in 2013:DHC:985 exercise of powers under Sections 17(3), 24(3), 18(4) and (5) of the Delhi School Education Act, 1973 and Rules 50,51,177 and 180 of the Delhi School Education Rules, 1973 and all other enabling powers directed the schools in Delhi to make the payment to the teachers of the amounts due as per the sixth pay commission report. Vide paras 7 and 8 of the said order dated 11.2.2009, it has been directed that arrears be cleared as per the instalments given in the said paras.

4. I have had an occasion to consider this aspect in a series of cases and the last of this judgment is T.P. Singh Vs. Guru Harkrishan Public School and Ors. in W.P.(C) No.12132/2009 decided on 14.2.2013 and in which judgment I have held that the order of Director of Education dated 11.2.2009 also applies to unaided minority schools.

5. In view of the above facts, and adopting the ratio in the case of T.P. Singh (supra), the writ petition is allowed and the respondent Nos.[4] and 5 are directed to make payment to the petitioner of the amount due as per the sixth pay commission report and the order of Director of Education dated 11.2.2009. Petitioner will be entitled to interest @ 6% per annum simple for the period the petition was pending in this Court and for a further period of three months from today, and in which period the respondent Nos.[4] and 5 shall make the payment due to the petitioner. In case, the payment is not made within three months, thereafter, the respondent Nos.[4] and 5 will be liable to pay interest @ 9% per annum simple.

6. Writ petition is disposed of with the aforesaid observations.

VALMIKI J. MEHTA, J FEBRUARY 21, 2013 Ne