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W.P.(C) 7963/2016
CHANDRA RANI Petitioner
Through: Mr. Ashok Aggarwal, Adv.
Respondents
Through: Mr. Peeyosh Kalra, ASC, GNCTD with Ms. Sana Babbar, Adv for GNCTD.
ARUN KUMAR SHARMA Petitioner
Through: Mr. Anupam Srivastava, ASC for GNCTD with Ms. Niharika and Ms. Shreya Mehta, Advs. with Mr. Hemraj, DEO, Zone-4
KUMUD SHARMA Petitioner
2017:DHC:8369
PHIROJ KHAN Petitioner
W.P.(C) 799I/20I6 ARUN KUMAR SHARMA Petitioner
18.01.2017
ORDER
1. By these writ petitions, the petitioners seek implementation of the Sixth Pay Commission Report as applicable to schools by virtue of the order of the Director ofEducation dated 11.2.2009.
2. The issue is no longer res integra as held in catena of judgments ofthis Court that by virtue ofSection 10 oftheDelhi Schools W.P.(C) 7963/2016 &conn. page 2 of[4] w*- Education Act, 1973, employees of the private schools have to receive the same monetary emoluments as payable to employees of the government schools, and that too after implementing the Sixth Pay Commission Report in terms of the order of the Director ofEducation dated 11.2.2009.
3. Respondent nos. 1 and 2/school have not filed their counteraffidavits in spite of opportunity granted vide order dated 9.9.2016, and therefore, these writ petitions have to be disposed of in terms of the averments made in the writ petitions.
4. It is also noted that the respondent no.3/Director of Education has written its letter dated 7.10.2016 has asked the respondent nos. 1 and 2/school to implement the Sixth PayCommission Report.
5. I may note that the counsel for the petitioners states that though petitioners services were terminated, petitioners had challenged the termination orders before the Delhi School Tribunal and were successful, and the writ petitions filed by the school against the order of the Delhi School Tribunal have already been dismissed by this Court, and therefore, petitioners continue as employees in the school. fV.F.(C) 7963/2016 &conn. 3of[4]
6. In view of the above, these writ petitions are allowed and respondent nos. 1 and 2/school are directed to pay the benefits to the petitioners ofthe Sixth Pay Commission Report in view of and in terms of the order of the Director of Education dated 11.2.2009. Necessary compliance be made by the respondent nos. 1 and 2/school within a period ofthree months from today.
7. The writ petitions are accordingly allowed and disposed of, leavingthe parties to bear their own costs. VALMIKIJ. MEHTA, J JANUARY 18, 2017 ib W.P.(C) 7963/2016 &conn. page 4of[4]