MEENU SAXENA Vs. ARYA VIDYA MANDIR
LAWS(DLH)-2013-7-392
HIGH COURT OF DELHI
Decided on July 19,2013

Meenu Saxena Appellant
VERSUS
Arya Vidya Mandir Respondents

JUDGEMENT

- (1.)The limited issue in this case is the claim of the petitioners, who are teachers and other employees in the respondent no.1-school, for payment to them all salaries in terms of the reports of the 5th and 6th Pay Commissions as adopted by the Director of Education.
(2.)It cannot be disputed that Director of Education has issued appropriate orders for payment of the monetary emoluments to the teachers and employees of the schools in terms of the 5th and 6th Pay Commissions Reports, of course, as per the modifications, if any, of the Director of Education with respect to the amounts or the dates of implementation of the Reports. With respect to the 6th Pay Commission, the order of the Director of Education is dated 11.2.2009.
(3.)I may state that the lack of monetary ability in a school to make payments of monetary emoluments to teachers & employees in terms of Pay Commission Reports is not a ground to justify non-payment. I have so held in the case of T.P.Singh Vs. Guru Harkishan Public School & Ors. in W.P.(C) 12132/2009 decided on 14.2.2013. A Division Bench of this Court has also held that lack of monetary capability is not a reason which a school can give to deny payment to teachers and employees. The order in this regard is also filed as Annexure 'C' to this writ petition and which is of the Division Bench in LPA No. 286/2012 titled as Rukmani Devi Public School Vs. Sadhna Payal & Others decided on 11.5.2012.


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