Ms. Kiran Sharma And ORS. v. Kennedy Public School And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9782/2018 MS. KIRAN SHARMA AND ORS.

..... Petitioners Through Mr. D. K. Thakur with Mr. P. S.

Gosain, Advs.

versus KENNEDY PUBLIC SCHOOL AND ORS.

..... Respondents Through Dr. Sumant Bhardawaj with Mr.

Rakesh Kailash Sharma, Advs. for R1&2 Dr. Rita Mishra, OSD, Zone-21 Mr. Naushad Ahmed Khan, ASC, Civil, GNCTD with Ms. Manisha Chauhan, Advs.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 19.08.2019 Vide the present petition, the petitioners seek directions thereby to direct the respondents to pay salaries as per 6th Pay Commission till date with interest @ 12% p.a. from the due date untill the date of payment It is not in dispute that 6th pay commission came into force w.e.f. 01.01.2006 and the petitioners are working in the respondents-school before 01.01.2006. However, the present petition is filed in the year 2018. Counsel for the respondent nos.1 & 2 submits that the school is aided school and the school management is ready to deposit 5 % of the salary and rest 95% has to be paid by the Govt. of NCT of Delhi. Accordingly, I hereby dispose of the present petition directing the

respondent nos.1 & 2 to deposit 5% from 01.01.2006 till date within two months from the receipt of this order.

On deposit of 5% by the respondent nos. 1 & 2, the respondent no.3/Govt. of NCT of Delhi is directed, to release 95% grant in aid and within one week thereafter, the salary shall be paid to the petitioners. Since the petitioners have filed the writ petition in the year 2018 whereas the 6th pay commission came into force w.e.f. 01.01.2006, therefore, I am not inclined to pass any order regarding interest in favour of the petitioners.

The petition is disposed of accordingly.

SURESH KUMAR KAIT, J AUGUST 19, 2019 ms