Delhi High Court - Orders
Punita Kaur vs Himanshu Gupta & Ors on 12 April, 2022
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~180 & 182
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 403/2022
PUNITA KAUR ..... Petitioner
Through: Mr. Atul Kumar, Adv.
versus
HIMANSHU GUPTA & ORS. ..... Respondents
Through:
+ CONT.CAS(C) 405/2022
T. P. SINGH ..... Petitioner
Through: Mr. Atul Kumar, Adv.
versus
HIMANSHU GUPTA & ORS. ..... Respondents
Through:
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 12.04.2022 CM APPL. 17947/2022 (Exemption) in CONT.CAS(C) 403/2022 CM APPL. 18070/2022 (Exemption) in CONT.CAS(C) 405/2022 Allowed, subject to all just exceptions. CONT.CAS(C) 403/2022 & CONT.CAS(C) 405/2022
1. The instant contempt petitions have been filed for non-compliance of the order dated 16.11.2021 passed by this Court in W.P.(C) 3746/2020 etc. The relevant portion of the said order reads as under:
25. "Accordingly, these writ petitions need to be allowed and Signature Not Verified Digitally Signed CONT.CAS(C) 403/2022 etc. Page 1 of 3 By:RAHUL SINGH Signing Date:19.04.2022 12:27:38 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 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) Signature Not Verified Digitally Signed CONT.CAS(C) 403/2022 etc. Page 2 of 3 By:RAHUL SINGH Signing Date:19.04.2022 12:27:38 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."
2. It is stated by the learned counsel for the petitioners that the petitioners are teachers who are not being paid their salary and arrears under the 6th and 7th CPC as directed by this Court vide order dated 16.11.2021.
3. On taking steps, let notice be issued to the respondents through all modes, Dasti in addition.
4. List on 25.08.2022.
SUBRAMONIUM PRASAD, J APRIL 12, 2022 S. Zakir Signature Not Verified Digitally Signed CONT.CAS(C) 403/2022 etc. Page 3 of 3 By:RAHUL SINGH Signing Date:19.04.2022 12:27:38