Ms. Rajni Maindiratta v. The Directdorate Of Education And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5368/2019 MS. RAJNI MAINDIRATTA .....Petitioner Through:

Dr. M.Y. Khan, Advocate.

versus THE DIRECTDORATE OF EDUCATION AND ORS.

.....Respondents Through:

Mr. Naushad Ahmed Khan, Ms.

Supriya Malik, Ms. Shivani Yadav and Ms. Pallavi Yadav, Advocates for DOE.

Mrs. Avnish Ahlawat, SC with Mr.

N.K.

Singh, Ms.

Laavanya Kaushik, Ms. Aliza Alam and Mr.

Amitoj Chadha, Advocates for GNCTD.

Mr. Hardik Jain, Advocate for R-2 to R-4

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 23.01.2025 1.

Reliefs sought by the petitioner in this writ petition relate to implementation of the recommendations of the 6th Central Pay Commission ["CPC"] in favour of the petitioner, who was employed as a teacher in Vidya Bharti School [respondent Nos. 2 to 4 herein]. 2.

Mr. Naushad Ahmed Khan and Mrs. Avnish Ahlawat, learned Standing Counsel, have entered appearance for Government of National Capital Territory of Delhi.

3.

By an order dated 13.05.2024, the Court noticed that the School in its counter affidavit, had disputed the petitioner's computation of the amount due to her, but had made a statement, without prejudice, that the W.P.(C) 5368/2019 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/01/2025 at 12:06:23

amount due upon a proper computation would be Rs. 4,18,597/-. The Court directed respondent Nos. 2 to 4 to release the aforesaid amount to the petitioner without prejudice to the rights and contentions of the parties. A demand draft for the said amount has been handed over in Court today, by Mr. Hardik Jain, learned counsel for respondent Nos. 2 to 4 to Dr. M.Y. Khan, learned counsel for the petitioner. 4.

The question remains of computation of the balance amount due to the petitioner, if any. As far as this aspect is concerned, Dr. Khan and Mr. Jain submit that the matter may be referred to the Directorate of Education ["DoE"].They state that the petitioner and respondent Nos. 2 to 4 will both submit their computations before DoE, and the computation can be finalised by the Deputy Director.

5.

Having regard to the aforesaid submissions, the writ petition is disposed of, by directing that the petitioner and respondent Nos. 2 to 4 will both submit their respective computations with regard to the amounts due to the petitioner, on the accepted basis that 6th CPC does apply to the petitioner.

6.

The computation be submitted to the concerned Deputy Director of Education within a period of two weeks from today, and the Deputy Director will pass an order thereupon within a period of four weeks thereafter.

7.

All rights and contentions of the parties on the question of computation are left open.

PRATEEK JALAN, J JANUARY 23, 2025/MR/AD/ W.P.(C) 5368/2019 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/01/2025 at 12:06:23