Anjana Sharma and Others vs Shishu Bharti Vidyalaya and Others

Valmiki J Mehta, J.—New counsel Mr. Bharat Gupta, Advocate appears for petitioner no. 1 and states that he will file vakalatnama during the course of the day and that petitioner no. 1 has instructed him not to pursue the petition. Accordingly, this writ petition will stand dismissed as not pressed on behalf of petitioner no. 1. Counsel for petitioners Mr. Ashok Aggarwal, Advocate states that petitioners are only claiming the relief of grant of benefits in terms of the 6th Pay Commission Report and as directed to be implemented in all schools of Delhi by the circular of the Director of Education dated 11.2.2009.

I have had an occasion to consider this aspect in many cases and one such judgment is the judgment in the case of T.P. Singh Vs. Guru Harkishan Public School & Ors. in W.P. (C) 12132/2009 decided on 14.2.2013 wherein I have said that even minority schools have to implement the circular of the Director of Education dated 11.2.2009.

The only defence which is urged on behalf of counsel for the respondent no. 1-school is that school does not have finances to make payment in terms of the circular of the Director of Education dated 11.2.2009. I have already considered this aspect in the case of Meenu Thakur Vs. Somer Ville School & Ors. W.P. (C) 8748/2010 decided on 13.2.2013 wherein I have held that lack of financial viability or ability is not a ground not to implement the circular of the Director of Education dated 11.2.2009. A Division Bench of this Court in LPA 286/2010 titled as Rukmani Devi Jaipuria Public School Vs. Sadhna Payal & Ors. decided on 11.5.2012 has also held that lack of financial viability or ability is not a ground not to implement the circular of the Director of Education to make payment in terms of the 6th Pay Commission. In view of the above, the writ petition is allowed and respondent no.-1-school is directed to make payment to the petitioners in terms of the circular of the Director of Education dated 11.2.2009. All the necessary payments including arrears be made to the petitioners within a period of five months from today. Amounts be paid alongwith interest at 6% per annum simple from the dates from which the amounts become due to the date on which payment will be made. If payment is made beyond five months, then interest will be payable at 9% per annum simple. The writ petition is allowed and disposed of with the aforesaid observations.