Surender Kumar vs The Management, Mann Public Shool … on 8 February, 2017

CORAM:
HON’BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

1. By this writ petition under Article 226 of the Constitution of

India, the petitioner seeks direction against the respondent no.1/school for

payment of an amount of Rs.63,645/- towards salary arrears by application

of the Sixth Pay Commission Report, as also an amount of Rs.1,12,815/-

towards House Rent Allowance besides Rs.22,276/- towards earned leave.

All the amounts which are claimed by the petitioner are on the basis that the

Sixth Pay Commission Report has been made applicable to schools in Delhi.

2. The facts are that the petitioner was appointed as a Post

Graduate Teacher (Maths) with the respondent no.1/school on probation by

W.P.(C)No. 12698/2009 Page 1 of 4
letter dated 7.7.2003 and services commenced w.e.f 16.7.2003. Petitioner

was confirmed in his job after completion of probation vide letter of the

respondent no.1/school dated 8.7.2004. Petitioner however resigned from

his job by giving the requisite notice dated 29.8.2006 and was accordingly

relieved w.e.f 24.11.2006. Petitioner claims that the Sixth Pay Commission

Report became applicable to schools in terms of the circular of the Director

of Education dated 15.10.2008, and therefore, petitioner should be granted

the payments in terms of the circular of the Director of Education dated

15.10.2008.

Source: Indian Kanoon

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