Full Text
W.P.(C) 216/2017 & CM APPLN. 6802/2019
DHEERAJ SHARMA & ORS Petitioners
Through; Mr. Ashok Agarwal and Mr. Kumar Utkarsh, Advocates.
Through: Mr. Pramod Gupta, Advocate with Ms. Vanshika Sethi and Ms. Vrinda Arora, Advocates for R-1 and R-2.
Mr. Sanjay Ghose, ASC with Ms.Urvi Mohan, Advocate for R-3.
13.02.2019
ORDER
1. Vide the present petition, the petitioners seek direction thereby to implement the order dated 31.10.2016 of the Director of Education (respondent No. 3 herein) passed pursuant to the order dated 02.09.2016 in W.P.(C) No. 7704/2016.
2. Further seeks direction thereby to implement the provisions ofthe 6^*" Pay Commission in the case of the petitioners w.e.f 01.01.2006 with all the consequential benefits by correctly fixing the pay of the petitioners in the proper pay-scale pertaining to their posts at par with their counterparts employees of the corresponding posts of the schools of the Delhi Government and topay the arrears ofsalary onaccount ofrevision under the 2019:DHC:7799 "N 6''' pay commission along with interest.
3. Learned counsel appearing on behalf of the petitioner, on instructions, submits that he is not pressing prayer (v) regarding the ACP and MACP scheme and if require, they may ask for the same for filing the independent petition.
4. Mr. Pramod Gupta, learned counsel appearing on behalf of the respondent Nos. 1 and 2 Schools has drawn the attention of this Court to page No. 26 of the petitionwhereby in para 36, it is statedby the petitioners that they have been serving in the respondent school for the last so many years on the posts mentioned against their names and all are confirmed employees in terms of Delhi School Education Act, 1973. True copies of the office orders regarding the appointments of the petitioners are annexed herewith as Annexure P2-Collectively. Mr Gupta further submits that in annexures only details of 5 petitioners are mentioned and there are no documents regarding the other petitioners, therefore, it is difficult for the respondents school to implement the order dated 31.10.2016 passed by respondent No. 3.
5. Learned counsel pointed outthat similar issue came before this Court in W.P.(C) 4601/2010 and the petitioners therein also did not file the relevant documents, therefore, this Court dismissed their petitions vide order dated 21.02.2017 by recording that the writ petition does not substantiate the factual aspects as to what salaries the petitioners are getting and as to the differences of salaries which the petitioner are entitled to on account of salaries payable to similar employees of government schools, hence, in the absence of necessary pleadings and documentation, it is difficult to pass a judgment, hence the petition was dismissed. /
6. It is not in dispute that the petitioners have filed the appointment letter of only 5 petitioners but the documents are not filed qua the other petitioners.
7. The fact remains that the petitioners are still serving with the respondents/school pursuant to other appointment letters etc. and the said record is available with the respondent school. It is not in dispute that the teachers in the school are entitled for 6'*' Pay Commission which is sought in the present petition, in terms of section 10 of the Delhi School Education Act, 1973. Even, this fact has been affirmed by this Court in LPA NO. 286/2010 vide order dated 11.05.2012. Moreover, vide order dated 31.10.2016, the respondent No. 3 directed the respondents/school to implement the provisions of Section 10(1) of Delhi School Education Act, 1973, in respect of all the petitioners of W.P.(C) 7704/2016 and other employees of the school in a letter and spirit and submitted the compliance of report.
8. It is also not in dispute that the petitioners earlier approach this Court in W.P.(C) 7704/2016, and the same was disposed of vide order dated 02.09.2016. Consequently, respondent No. 3 passed an order dated 31.10.2016 mentioned above.
9. It is also not in dispute that the respondents school have not challenged the order dated 31.10.2016.
10. Since the details of the petitioners are not available on record, therefore, I hereby direct the respondents school to implement the order dated 31.10.2016 qua the petitioners who qualify the benefits of Sixth Pay Commission within two months from the receipt ofthis order.
11. I hereby made clear that ifthe school/respondents are ofthe view that some of the petitioners are not entitled then reasoned order shall be passed qua them.
12. In view of above, the petition is disposed of.
SURESH KUMAR KAIT, J FEBRUARY 13, 2019