Jyotika Bajaj v. GNCT of Delhi and Ors

1. The issue in the present case is the claim of the petitioner, who is a teacher in the respondent no.3-school, for payment of service benefits in terms of the report of the 6th Pay Commission. I may note that the Director of Education/respondent no.2 has already passed an order dated 11.2.2009 directing all the schools in Delhi to make payments to the employees and teachers of arrears of salaries in terms of the 6th Pay Commission Report. The installments in which 2013:DHC:840 the arrears were to be payable are stated in paras 7 and 8 of the order dated 11.2.2009 of the Director of Education-respondent no.2.

2. I have had an occasion to consider this aspect in various cases and the last of my judgment is the judgment in the case titled as T.P.Singh Vs. Guru Harkishan Public School &Ors. in W.P.(C) No. 12132/2009 decided on 14.2.2013 wherein I have held that the teachers and employees of the private schools have to be paid the dues in terms of the order of the Director of Education dated 11.2.2009. Adopting the reasoning contained in the case of T.P.Singh Vs. Guru Harkishan Public School &Ors (supra) till the time the petitioner was a teacher in the respondent no.3 school, for that period, the petitioner will be entitled to monetary emoluments in terms of the order of the Directorate of Education dated 11.2.2009. Since the petitioner has already received an amount of Rs. 4,85,982/-, in terms of the receipt dated 13.1.2012, the petitioner will be paid the balance amount of arrears within a period of three months from today. If the balance arrears are not paid within three months, thereafter the respondent no.3 school will be liable to pay interest on the arrears due and payable at 9%per annum simple.

3. The writ petition is disposed of with the aforesaid observations.

FEBRUARY 15, 2013 VALMIKI J. MEHTA, J. ib