Delhi High Court - Orders
Rajni Naik vs S. Manjinder Singh Sirsa & Ors on 30 November, 2021
Author: Najmi Waziri
Bench: Najmi Waziri
$~17(1)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 193/2021
RAJNI NAIK ..... Petitioner
Through: Mr. Margesh Naik, Advocate.
versus
S. MANJINDER SINGH SIRSA & ORS. ..... Respondents
Through: Mr. Avtar Singh, Advocate.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 30.11.2021 The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. It is not in dispute that all dues have been paid to the petitioner apropos the 6th Central Pay Commission. What remains to be paid are the arrears in terms of the 7th Central Pay Commission.
2. A compliance affidavit has been filed on behalf of R-4 on 15.09.2021, which states inter-alia as under:
"...
1. That I say that all the payments have been made to the petitioner by calculating her dues in terms of the benefits payable as per Sixth Pay Commission Report as per the orders dated 6.3,2013 and 19.2.2020. The Petitioner has claimed further amounts by calculating her dues on the basis of the Seventh Pay Commission report which has so far not been implemented in either of the 12 GHPS schools for any staff whatsoever due to financial problems and with respect to the said claims the matters are pending before the Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:02.12.2021 11:40:53 Court of Hon'ble Mr. Justice V.K. Rao and the said matters are coming up on 28.9.2020. I say that I shall follow the orders passed by this Hon'ble Court on all the issues including the issue relating to the claims of the Petitioner on the basis of the calculation of Seventh Pay Commission benefits in the pending matters..."
3. An order has been passed on 16.11.2021 in a batch of cases including W.P.(C) 3746/2020. It directs payment of the said monies in terms of the 7th Pay Recommendations along with benefits. The monies have not been paid. The monies are long overdue. The respondents are in clear breach of the court's directions. Issue notice to the respondents to show cause as to why proceedings be not initiated against him under Section 2(b) read with section 12 of the Contempt of Courts Act, 1971.
4. Reply be filed in three weeks.
5. List on 23.02.2022.
NAJMI WAZIRI, J NOVEMBER 30, 2021 SS Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:02.12.2021 11:40:53