T P SINGH Vs. GURU HARKRISHAN

JUDGEMENT

(1.) The present writ petition being W.P.(C) No. 12132/2009 has been filed by the petitioner who is a teacher in the respondent no.1-school. By the writ petition, the petitioner prays for directions against the school-respondent no.1 (and society-respondent no. 2) to implement the recommendation of Sixth Pay Commission in terms of the order dated 11.2.2009 issued by the respondent no.3/Director of Education.

(2.) It is not disputed that the Director of Education-respondent no.3 has in fact vide order dated 11.2.2009 in exercise of the powers under Sections 17(3), 24(3), 18(4) and (5) of the Delhi School Education Act, 1973 and Rules 50,51,177 and 180 of the Delhi School Education Rules, 1973 and all other enabling powers vide order dated 11.2.2009 directed all the schools in Delhi to implement the Sixth Pay Commission Report with respect to the salaries payable to the teachers. Vide paras 7 and 8 of the said order dated 11.2.2009, it has been directed that arrears be cleared as per the installments given in the said paras.

(3.) The issue as to whether the provision of Section 8(1) which deals with service conditions of teachers (and therefore the aspect of the salaries/pay/allowances/monetary benefits) is binding upon unaided minority institutions or not, has been the subject matter of a series of decisions of the Supreme Court, and the last two of which are G. Vallikumari Vs. Andhra Education Society & Ors., 2010 2 SCC 497 and Sindhi Education Society Vs. Chief Secretary, Govt.-NCT of Delhi, 2010 8 SCC 49.