Delhi High Court - Orders
Sushil Sharma & Ors vs Directorate Of Education & Ors on 25 March, 2022
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1544/2022 & CM APPL. 7694/2022
SUSHIL SHARMA & ORS. ..... Petitioners
Through: Mr. Jagminder Singh Bedi, Adv.
versus
DIRECTORATE OF EDUCATION & ORS. ..... Respondents
Through: Ms. Divyanshi Anand, proxy counsel
for Ms. Vibha Mahajan Seth, Adv. for
R-1
Mr. Abinash Kr. Mishra and
Mr. Gaurav K. Pandey, Advs. for
R2 to R4.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 25.03.2022 CM APPL. 7694/2022 This is an application filed by one Kavita Arora seeking her impleadment in the petition.
Noting the contents of the application, the same is dismissed. Liberty is with the applicant to seek such remedy as available in law. W.P.(C) 1544/2022
1. The present petition has been filed by the petitioners with the following prayers:-
"It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to:
a) Issue a writ of mandamus, order or direction, directing the respondent Nos. 2 & 3 in order to implement the 7 th Pay Commission as directed by the Respondent No.1 vide order dated 17.10.2017 w.e.f. 1.1.2016 and consequently direct the respondent Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:29.03.2022 11:17:21 Nos. 2 & 3 to pay all/whole arrears as per 7 th Pay Commission along with interest from 1.1.2016 till payment;
b) To release pending salary from April 2020 to February 2021.
c) To implement enhanced DA@ 189% as announced by the Govt.
d) To release arrears of 6cpc with interest for petitioner no. 17 to 19.
e) To direct Respondent No. 1 to submit calculation of all petitioners as per 6th cpc and 7th cpc arrears including TA, DA.
f) To allow this petition as same relief in the judgement dated 16.11.2021 WPC 3746/2020, Passed by Hon'ble court where by this Hon'ble court directed the respondents to pay salaries in term of 7th pay commission and to pay arrears with interest.
g) To Release timely salary on or before 07th of every month.
h) pass such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."
2. Mr. Jagminder Singh Bedi, learned counsel for the petitioners states that the petitioners are entitled to unpaid arrears of 6th CPC and the complete arrears of 7th CPC which have been denied to them. He also states that the petitioners have not been paid complete salary for the period April 2020 to February 2021. The same has been paid at 60%. In other words, they are entitled to the benefit of 40% of the unpaid salary. He also states that the petitioners are entitled to the benefits of transport allowance / dearness allowance. He seeks parity qua the petitioners in the batch of writ petitions which was decided on November 16, 2021.
3. Mr. Abinash Kr. Mishra by fairly conceding, though the judgment dated November 16, 2021 has been challenged in an Intra Court appeal but no stay of the judgment has been granted by the Division Bench. The relevant paragraphs of the judgment dated November 16, 2021 reads as under:
Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:29.03.2022 11:17:21"25. Accordingly, these writ petitions need to be allowed and the respondent / DSGMC / GHPS Society / GHPS are directed to, re-fix the salaries and other emoluments of the petitioners under 6th and 7th CPC in accordance with the rules. It is made clear that the DSGMC / GHPS Society shall ensure the compliance of the orders passed by this Court. I take note of the submission made by Mr. Misra that neither DSGMC nor the GHPS Society in any case have any statutory liability under the provisions of the DSE Act / Rules to grant the benefits of the 6th and 7th CPC but the fact remains that the DSGMC was being represented by their functionaries in these proceedings and even the undertakings were given on behalf of DSGMC in the proceedings before this Court and as such cannot absolve itself, from ensuring that the benefits of the 6th and 7th CPC are given to the petitioners. This direction is in the facts of the cases more specifically where the claim of the petitioners is with regard to the grant of the benefit under the 6th and 7th CPC and connected issues. The petitioners shall also be entitled to arrears of pay in view of fixation of their pay under the 6th and 7th CPC, upto the date of payment subject to adjustment of salary already paid.
26. The arrears thereof under the 6th CPC shall be paid to the petitioners with interest at the rate of 6% per annum. The arrears of 7th CPC shall not carry any interest. The fixation of pay and arrears shall be made / paid within a period of six Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:29.03.2022 11:17:21 months from today. All retiral benefits shall also be fixed and released to the petitioners, who have retired from their service within six months from today. As an immediate assistance, the respondents / DSGMC / GHPS Society / GHPS shall release an amount of ₹5 Lacs to each of the retirees within one month, subject to adjustment at the time of full payment. It is made clear that the failure to pay the amounts within six months as directed above shall entail payment of a higher interest of 9% per annum on the arrears of both 6th and 7th CPC and retiral benefits.
27. On the issue of grant of transport allowance / dearness allowance, the DoE in consultation of the GHPS in which petitioners, who sought such relief are working shall pass order, by considering the orders in the cases being CONT.CAS.(C) 46/2016 dated January 09, 2017 and in W.P.(C) 2132/2011 dated March 06, 2013 and instructions, if any, and convey the decision to those petitioners, within 10 weeks from today. Similarly, the claim of some petitioners for MACP in W.P.(C) 6407/2018, W.P.(C) 11152/2019 and W.P.(C) 12006/2019 shall be decided by the DoE in consultation with the GHPS in which the petitioners, who sought such relief are employed and convey the same to those petitioners, within 10 weeks from today. If the benefits are payable, the same shall be released to the petitioners within six months thereafter."
4. Accordingly, the petitioners, who are working with the respondent Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:29.03.2022 11:17:21 Nos.2 to 4 shall be entitled to the same relief as has been granted by this Court in the judgment dated November 16, 2021 except the directions with regard to the retiral benefits shall not be applicable to the petitioners. Accordingly, the petitioners shall be paid the arrears of 6th CPC and 7th CPC subject to the adjustment of salary already paid. The same shall be paid to the petitioners with the six months. The arrears of 6th CPC shall carry interest @ 6% per annum. It is made clear if the amounts as directed above are not paid within six months a higher interest of 9% per annum shall be paid on the same.
5. On the issue of grant of TA/DA, the DoE in consultation with the GHPS in which the petitioners are working shall pass order, by considering the orders in the previous litigations and instructions if any and convey the decision to the petitioners within 10 weeks from today. If the benefits are payable the same shall be released within six months thereafter.
6. With the above, the petition is disposed of.
V. KAMESWAR RAO, J MARCH 25, 2022/ds Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:29.03.2022 11:17:21