Harmit Singh & ORS v. School Management Of Guru Harkrishan & ORS

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1396/2017 HARMIT SINGH & ORS ..... Petitioners Through:

Mr. Lovish Sharma, Adv.

versus SCHOOL MANAGEMENT OF GURU HARKRISHAN & ORS ..... Respondents Through:

Ms. Tejaswini, Adv. for Management.

(Mob.-9971566053).

Mr. Anuj Aggarwal, ASC alongwith Mr. Anshuman Kumar, Adv. for R-3.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 26.02.2020 The petitioners are claiming their arrears of pay under the recommendations of the 6th Pay Commission.

According to the school/management, Rs. 10,46,107/- remains to be paid to them without prejudice to their rights and contentions. The aforesaid amount has been due for the past many years. Any delay in the rightful payments to the claimants would obviously be accompanied with simple interest accrued thereon for the period of deprivation of the monies to the employees.

The Court would note that for the past half a decade this Court as well as the Supreme Court has fixed the rate of interest @9% per annum. In Municipal Corporation of Delhi vs. Association of Victims of Uphaar KUMAR 17:42:34

Tragedy, AIR 2020 SC 100, the Supreme Court had upheld the grant of interest @9% p.a.

Accordingly, interest shall be paid @ 9% per annum for the period of delay in making the payments.

The learned counsel for the school/management submits that the said amounts shall be paid in two equal installments because the management is in some financial difficulty at the moment.

Let 50% of the aforesaid amount be paid to the petitioner by the first week of April. The remaining amount shall be paid by 30.05.2020. The Department of Education shall compute the amounts payable to the petitioners and communicate it to the parties on or before 05.04.2020. In case of default, it will be open to the parties to approach the Court. The petition is disposed-off in the above terms. NAJMI WAZIRI, J FEBRUARY 26, 2020 RW KUMAR 17:42:34