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Judgment
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.
The facts are that the petitioner was appointed as a Post
Graduate Teacher (Maths) with the respondent no.1/school on probation by
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.
No doubt, the respondent no.1/school in its counter-affidavit
has only claimed financial difficulties for non payment of the amount to the
petitioner, however, it is seen that petitioner''s services with the respondent
no.1/school came to an end on the 30th day after serving of the notice of
resignation dated 29.8.2006 in accordance with Rule 114-A of the Delhi
School Education Rules, 1973 and which Rule reads as under:-
"114A. Resignation- The resignation submitted by an employee of a recognised private school shall be accepted within a period of thirty days from the date of the receipt of the resignation by the managing committee with the approval of the Director: Provided that if no approval is received within 30 days, then such approval would be deemed to have been received after the expire of the said period."
I have recently had an occasion to examine this aspect in the
judgment in the case of The Managing Committee of Rani Dutta Arya
Vidyalaya & Anr. Vs. The Director of Education, Govt. of National
Capital Territory of Delhi & Ors. W.P.(C) No. 20218-19/2004 decided on
11.01.2017 that resignation becomes final definitely within 30 days of
giving of the same under Rule 114-A of the Delhi School Education Rules
unless the resignation is withdrawn before acceptance and prior to 30 days
period. Even taking that petitioner''s services came to an end on 24.11.2006,
yet, petitioner claims benefit of the Sixth Pay Commission Report but the
said Report for increase of pay-scales was applicable only to schools by
virtue of the subsequent orders of the Director of Education dated 22.9.2008
and 15.10.2008. The order dated 15.10.2008 reads as under:-
"No.DE/15/ACT/7645-7666 Dated: 15/10/08 CIRCULAR Section 10(1) of Delhi School Education Act 1973 provides that-- "Scales of pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits of the employees of a recognized private school shall not be less than those of the employees of the corresponding status in the school run by appropriate authority." Therefore, the Management of all private recognized, (Aided as well as unaided) schools are directed to implement the Sixth Pay Commission recommendations-fixation of pay and payment of arrears in accordance with circular no. 30-3(17)/Cood/Cir/2008 dated 22.09.2008 vide which it has been implemented in r/o employees of Government Schools. This issue with prior approval of competent Authority. Sd/- (Dr. R.K.Sharma) Additional Director (Act) Managing Committee (Through Manager) All Private Recognized (Aided and Unaided) school.
Copy to:- 1. P.S. to Hon''ble MOE 2. P.S. to Secretary (education) 3. P.S. to DE 4. Rds 5. DDEs with request to issue the circular to all recognized school under their jurisdiction 6. OS(IT) with a request to upload circular on website Sd/- (Abha Joshi) Assisstant Director of Education"
Once therefore the Sixth Pay Commission Report became
applicable to teachers and employees of schools only w.e.f 15.10.2008, the
petitioner on this date no longer was the employee of the respondent
no.1/school as his services with the respondent no.1/school no longer
existed at the maximum after 24.11.2006, and hence petitioner cannot be
given the benefit of the subsequent circular dated 15.10.2008.
In view of the above discussion, petitioner cannot be granted
the monetary emoluments as per the Sixth Pay Commission Report and as
claimed by the petitioner. Dismissed.