JAI PRAKASH Vs. DIRECTORATE OF EDUCATION

JUDGEMENT

(1.) THE present petitions have been filed by the petitioners, who were working on the posts of PGT (History) and TGT (Social Science) respectively in the respondents No. 2 and 3/School, praying inter alia for issuing directions to the School to revise their pay scales as per the recommendations of the Sixth Pay Commission and pay them gratuity and other consequential benefits.

(2.) AS the facts of both the cases are almost similar, with the consent of the parties, a common order is being passed by taking note of the facts in W.P.(C) 3542/2014.

(3.) HOWEVER , there remained some reluctance for revision of the pay scales of teachers in recognized unaided private schools under the Sixth Pay Commission. To put an end to any ambiguity on this aspect, on 16.04.2009, the respondent No. 1/DOE issued a public notice directing implementation of the Sixth Pay Commission for the employees of recognized unaided private schools alongwith arrears from 01.01.2006. As a result, the petitioner approached the respondents No. 2 and 3/School vide letter dated 31.08.2009, with a request that the arrears of his salary payable as per the recommendations made by the Sixth Pay Commission till 30.03.2007, the date when his resignation was accepted, be released in his favour. Thereafter, reminders were also issued by the petitioner to the School, but it remained impervious to the petitioner's requests. Finally, on 22.10.2009, the petitioner wrote a letter to the respondents No. 2 and 3/School, demanding a sum of Rs. 91,712/ - towards arrears of pay on the basis of the recommendations of the Sixth Pay Commission and a sum of Rs. 1,09,021/ - towards the unpaid amount of gratuity with interest @ 18% per annum. Learned counsel states that despite the said reminder, when the respondents No. 2 and 3/School did not pay any amount and failed to respond to the said letter, the petitioner was compelled to file the present petition.