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9 4& 10 ' HIGH COURT OF DELHI
CONT.CAS(C)765/2016 '
DHANWANTKAURBUTALIA & ANR Petitioners , , Through:Mr.M.S.Butalia,Advocate,
CONT.CAS(C)765/2016 '
DHANWANTKAURBUTALIA & ANR Petitioners , , Through:Mr.M.S.Butalia,Advocate,
VERSUS
- '
" S GURVINDBRPAL SINGHKOCHAR&ORS Respondents
Through:Mr.T.K.Tiwari,Advocate for R-1 & 5.
Mr.Gautarri Narayan,Advocate with Ms.ShruthiParasa,Advocate for DOE, GNGTD.
Mr.Rishi Kumar,Advocate for Ms.Neha Rastogi,Advocate for respondent No.6.
. . . Ms.Balesh Kuniari,DBO/Z-15 and , Mr.-S.P. Singh, LA,Z-15,DOB.
AND ■ ' ■
" S GURVINDBRPAL SINGHKOCHAR&ORS Respondents
Through:Mr.T.K.Tiwari,Advocate for R-1 & 5.
Mr.Gautarri Narayan,Advocate with Ms.ShruthiParasa,Advocate for DOE, GNGTD.
Mr.Rishi Kumar,Advocate for Ms.Neha Rastogi,Advocate for respondent No.6.
. . . Ms.Balesh Kuniari,DBO/Z-15 and , Mr.-S.P. Singh, LA,Z-15,DOB.
AND ■ ' ■
CONT.CAS(C)850/2016
HARSHARAN KAURBAJAJ .....Petitioner
Through:Mr.M.S.Butalia,Advocate.
HARSHARAN KAURBAJAJ .....Petitioner
Through:Mr.M.S.Butalia,Advocate.
VERSUS
GURVINDBRPAL SINGHKOCHAR&ORS Respondents
Through: Mr.T.K.Tiwari,Advocate for R-r& 2.
Mr.Gautam Narayan,Advocate with Ms.ShruthijParasa,Advocate forDOB, GNCTD.
Ms.Balesh Kumari,DBO/Z-15 and Mr.S.P.Singh, LA,Z-15,DOB.
Through: Mr.T.K.Tiwari,Advocate for R-r& 2.
Mr.Gautam Narayan,Advocate with Ms.ShruthijParasa,Advocate forDOB, GNCTD.
Ms.Balesh Kumari,DBO/Z-15 and Mr.S.P.Singh, LA,Z-15,DOB.
CORAM: ^
HON'BLE MR.JUSTICE MANMOHAN
15.02.2017 2017:DHC:8503 In pursuance to the 'last Order, Mr. Gautam. Narayan, learned
Additional Standing counsel for Government of NOT ofDelhi has handed over a calculation sheet which indicates the amount due and payable to the petitioners in accordance with the Sixth Pay Commission. The chart handed over by Mr.Gautam Narayan is reproduced hereinbelow:-
Name & Period - ^ay Arrears ,Gratuity . Leave Encashment i
Date Paid Balance Due Paid Balance, Due Paid Balanc: i
Mrs. Dhanwant Kaur Bhutalia Retired Vice- Principal
01.01,06 To:
31.03.08 964537 693710 270827 605167 350000 255167 137952 96000 419l: ;
Mrs. N.K.
Bindra Retired Principal 01.01.06 to 31.03.09
1453724 1067603 386122 683018 r
350000 333018 169720 137805 319'" ■ ;
Mrs. Harshararan Kaur Bajaj Retired PGT 0i:01.06 To
30.11.08 927357 646749 280608 321937 258923 63014 0 0 0 - . i
Leamed counsel for petitioners states that the formula adopted by
Directorate of Education for calculating the amount of Gratuity is not correct. He states thatthe Directorate ofEducation has adopted the formula that is applicable to Government Teachers who are governed by the CCS
Rules. He further states that petitioners are entitled to a rate of interest higherthan6% per annum.
Learned counsel for respondent-SchooL states that the school is willing to paythe amountdetermined by the Directorate ofEducation within a period ofthree weeks along with the'interest@6% per annum w.e.f.
September,2008. f As the Division Bench in its
15.02.2017 2017:DHC:8503 In pursuance to the 'last Order, Mr. Gautam. Narayan, learned
Additional Standing counsel for Government of NOT ofDelhi has handed over a calculation sheet which indicates the amount due and payable to the petitioners in accordance with the Sixth Pay Commission. The chart handed over by Mr.Gautam Narayan is reproduced hereinbelow:-
Name & Period - ^ay Arrears ,Gratuity . Leave Encashment i
Date Paid Balance Due Paid Balance, Due Paid Balanc: i
Mrs. Dhanwant Kaur Bhutalia Retired Vice- Principal
01.01,06 To:
31.03.08 964537 693710 270827 605167 350000 255167 137952 96000 419l: ;
Mrs. N.K.
Bindra Retired Principal 01.01.06 to 31.03.09
1453724 1067603 386122 683018 r
350000 333018 169720 137805 319'" ■ ;
Mrs. Harshararan Kaur Bajaj Retired PGT 0i:01.06 To
30.11.08 927357 646749 280608 321937 258923 63014 0 0 0 - . i
Leamed counsel for petitioners states that the formula adopted by
Directorate of Education for calculating the amount of Gratuity is not correct. He states thatthe Directorate ofEducation has adopted the formula that is applicable to Government Teachers who are governed by the CCS
Rules. He further states that petitioners are entitled to a rate of interest higherthan6% per annum.
Learned counsel for respondent-SchooL states that the school is willing to paythe amountdetermined by the Directorate ofEducation within a period ofthree weeks along with the'interest@6% per annum w.e.f.
September,2008. f As the Division Bench in its
ORDER
and order dated 14"^ January.
2016 has not stipulated the formula for calculation ofGratuity,this Court is of the view that it should at this,moment direct the respondent-school to abide bythe calculation made bythe Directorate ofEducation.It is pertinent to mention that the Division Bench in its judgment and order dated 14"!
September,2016 and order dated 03"^" May,2016 has not.stipulated the rate ofinterest . - ~ ■
Consequently, present contempt petitions are disposed of with a direction to, the respondent-school to make the payment of amounts determined by the Directorate ofEducation within three weeks along with interest@6%per annum commencing OE"September,2008. ' ;■
However, the petitioners are given liberty to challenge the calculation of the Gratuity amount that has been determined by the Directorate of
Education and to seek a higher rate ofinterest in accordance with law. i
- . • MANMOHAN, J
FEBRUARY 15, 2017 js
2016 has not stipulated the formula for calculation ofGratuity,this Court is of the view that it should at this,moment direct the respondent-school to abide bythe calculation made bythe Directorate ofEducation.It is pertinent to mention that the Division Bench in its judgment and order dated 14"!
September,2016 and order dated 03"^" May,2016 has not.stipulated the rate ofinterest . - ~ ■
Consequently, present contempt petitions are disposed of with a direction to, the respondent-school to make the payment of amounts determined by the Directorate ofEducation within three weeks along with interest@6%per annum commencing OE"September,2008. ' ;■
However, the petitioners are given liberty to challenge the calculation of the Gratuity amount that has been determined by the Directorate of
Education and to seek a higher rate ofinterest in accordance with law. i
- . • MANMOHAN, J
FEBRUARY 15, 2017 js