Renu Kapoor v. East Delhi Municipal Corporation & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7401/2013 and C.M. Appl. No. 3711/2015 (for filing additional documents, moved by the petitioner) RENU KAPOOR ..... Petitioner Through:

Mr. Puneet Goyal, Advocate.

versus EAST DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through:

Mr. Kumar Rajesh Singh, Advocate for R-1 and 2.

Mr. Siddharth Dutta, Advocate for R3.

Mr. Kunal Sharma, Advocate for R4/DDA.

Mr. Neeraj Kumar Gupta, Advocate for R-5 and 6.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 10.01.2017 1.

By this writ petition, petitioner who is a teacher in respondent no. 6/school, a recognised unaided school, seeks the relief of being paid benefits of the Sixth Pay Commission equal to those paid to the teachers in Government schools.

2.

As per Section 10 of the Delhi School Education Act, 1973 an employee of a private school in Delhi is entitled to all the monetary W.P.(C) 7401/2013

benefits which are payable to employees and teachers of Government schools in Delhi. Therefore, petitioner will be entitled to the same monetary benefits as payable to the teachers in Government schools. However, in this case issue will be of calculation of different amounts due under different heads, what amount already stands paid, what is the difference which is payable, etc. etc., and therefore what are the benefits which remain to be payable to the petitioner will now be decided by the Directorate of Education or its nominee. Directorate of Education or its nominee will hear the parties after issuing notices to them and will thereafter pass a speaking order which will be communicated to the parties. If the petitioner is entitled to interest on payment as per law, the petitioner will also be held entitled to interest in terms of the order to be passed by the Directorate of Education or its nominee.

The necessary proceedings be concluded by the Directorate of Education preferably within a period of four months from today.

3.

The writ petition is accordingly disposed of with the aforesaid observations.

4.

A copy of this order be given dasti to counsel for the parties. VALMIKI J. MEHTA, J JANUARY 10, 2017 AK W.P.(C) 7401/2013