Dilshad Public School & ANR v. Ajay Kumar Sharma & ORS

$~90 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 29/2016 and CAV No. 33/2016 and CM Nos. 1443-1445/2016 DILSHAD PUBLIC SCHOOL & ANR ..... Appellants Through: Mr Rohit Minocha and Mr Chaitanya Sahoo, Advs.

versus AJAY KUMAR SHARMA & ORS ..... Respondents Through: Mr S.N. Tripathi, Adv for R-1 Mr Anuj Aggarwal, Additional Standing Counsel for Government of NCT of Delhi for R-14

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 18.01.2016 We have heard the counsel for the appellant. It is contended that the learned Single Judge was misled by the respondents with respect to the amounts payable. The Court notices that the learned Single Judge took note of the counter-affidavit filed by the appellants, who were arrayed as respondent Nos.1 and 2. The question before the Single Judge was as to the entitlement of the respondent-writ petitioners to the arrears of pay and allowances, payable by the appellant pursuant to the accepted recommendations of the Sixth Pay Commission report. The Directorate of Education had considered the rival contentions and calculated the amounts. After taking note of these aspects, the learned Single Judge issued the impugned

directions.

This Court in exercising appellate review would be circumspect in interfering with the finding of fact. We are of the opinion that the errors and infirmities pointed out by the appellant are not of a character that warrant interference with the impugned order; they are mere rival versions as to the calculations which were done by the Directorate and again by the learned Single Judge. Consequently, there is no merit in the appeal and the same is accordingly dismissed. S. RAVINDRA BHAT, J INDERMEET KAUR, J JANUARY 18, 2016 bg