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2017 Supreme(Del) 63

MANMOHAN
JASWANT KAUR – Appellant
Versus
RAVINDER SINGH LOVELY – Respondent


Advocates Appeared:
For the Appellant :Mr. Chetan Anand with Mr. Akash Shrivastava and Ms. Surbhi Vyas, Advocates
For the Respondent:Mr. Jasmeet Singh with Ms. Gayatri, Aryan, Advocates for GHPS/DSGMC.

JUDGMENT :

MANMOHAN, J.

1. Mr. Jasmeet Singh, learned counsel for GHPS/DSGMC states that five instalments have been paid in accordance with the Division Bench order dated 22 May, 2013 passed in EFA (OS) 7/2014.

2. The only outstanding issue is whether Transport Allowance as well as interest has to be paid while calculating the Sixth Pay Commission arrears.

3. Mr. Jasmeet Singh, learned counsel for respondents states that while interest is payable, the Transport Allowance in not payable.

4. Mr. Rajiv Tyagi, learned counsel for one of the petitioners states that Dearness Allowance on Transport Allowance is also payable in accordance with the Sixth Pay Commission.

5. However, in the opinion of this Court, Mr. Tyagi’s claim would be payable only if the Transport Allowance is payable in the first instance.

6. Since there was a dispute whether the Transport Allowance is payable as a part of the Sixth Pay Commission, this Court had asked Directorate of Education to file an affidavit.

7. Today, Mr. Rahul Mehra, learned senior standing counsel for Govt. of NCT of Delhi has handed over a photocopy of the affidavit dated 6 January, 2017 filed in Cont. Cas.(C) 898/2016, which is taken on record. In th








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