JAI PRAKASH Vs. DIRECTORATE OF EDUCATION
LAWS(DLH)-2014-12-385
HIGH COURT OF DELHI
Decided on December 04,2014

JAI PRAKASH Appellant
VERSUS
DIRECTORATE OF EDUCATION Respondents


Referred Judgements :-

VIJAY V. STATE OF MAHARASHTRA & ORS. [REFERRED TO]


JUDGEMENT

Hima Kohli, J. - (1.)THE present petitions have been filed by the petitioners, who were working on the posts of PGT (History) and TGT (Social Science) respectively in the respondents No. 2 and 3/School, praying inter alia for issuing directions to the School to revise their pay scales as per the recommendations of the Sixth Pay Commission and pay them gratuity and other consequential benefits.
(2.)AS the facts of both the cases are almost similar, with the consent of the parties, a common order is being passed by taking note of the facts in W.P.(C) 3542/2014.
The petitioner had joined the respondents No. 2 and 3/School as a TGT (Social Science) w.e.f. 03.07.2001. After successfully completing the probation period, he was confirmed to the said post on 02.07.2003. In the course of his service, the petitioner was promoted to the post of PGT (History) . On 29.03.2007, the petitioner tendered his resignation and as per the terms of the letter of appointment in lieu of the notice period, he deposited three months' salary with the School. On 30.03.2007, the respondents No. 2 and 3/School accepted the petitioner's resignation letter and relieved him from duty. In the meantime, the recommendations of the Sixth Pay Commission were accepted by the Central Government and the Government of NCT of Delhi and directed to be implemented with effect from 01.06.2006.

(3.)HOWEVER , there remained some reluctance for revision of the pay scales of teachers in recognized unaided private schools under the Sixth Pay Commission. To put an end to any ambiguity on this aspect, on 16.04.2009, the respondent No. 1/DOE issued a public notice directing implementation of the Sixth Pay Commission for the employees of recognized unaided private schools alongwith arrears from 01.01.2006. As a result, the petitioner approached the respondents No. 2 and 3/School vide letter dated 31.08.2009, with a request that the arrears of his salary payable as per the recommendations made by the Sixth Pay Commission till 30.03.2007, the date when his resignation was accepted, be released in his favour. Thereafter, reminders were also issued by the petitioner to the School, but it remained impervious to the petitioner's requests. Finally, on 22.10.2009, the petitioner wrote a letter to the respondents No. 2 and 3/School, demanding a sum of Rs. 91,712/ - towards arrears of pay on the basis of the recommendations of the Sixth Pay Commission and a sum of Rs. 1,09,021/ - towards the unpaid amount of gratuity with interest @ 18% per annum. Learned counsel states that despite the said reminder, when the respondents No. 2 and 3/School did not pay any amount and failed to respond to the said letter, the petitioner was compelled to file the present petition.


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