Chandra Rani vs Managing Committee (Through Its ... on 10 May, 2022

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Delhi High Court - Orders

Chandra Rani vs Managing Committee (Through Its ... on 10 May, 2022

$~13 & 24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1292/2020, CM APPLs. 4489/2020, 4490/2020 &
46410/2021
CHANDRA RANI ..... Petitioner
Through: Mr. Raj Kumar Mittal and
Mr. Yogesh Kumar, Advs.
with petitioner in person.
versus

MANAGING COMMITTEE (THROUGH ITS CHAIRMAN)
SARDAR PATEL PUBLIC SENIOR SECONDARY SCHOOL AND
ORS. ..... Respondents
Through: Mr. Satender Kumar, Adv. for DOE
with Mr. Sushil Kumar, OSD Lit
(Zone-IV) for DoE.
Ms. Ruchira Gupta and Ms. Richa
Parasher, Advs. for R3 and R4.
AND
+ W.P.(C) 9361/2019, CM APPL. 24115/2021
PREM CHAND AND ORS. ..... Petitioners
Through: Mr. V.K. Tandon, Adv.

versus

SARDAR PATEL PUBLIC SENIOR SECONDARY SCHOOL AND
ORS. ..... Respondents
Through: Mr. Satender Kumar, Adv. for DOE
with Mr. Sushil Kumar, OSD Lit
(Zone-IV) for DoE
Ms. Ruchira Gupta and Ms. Richa
Parasher, Advs. for R3.

CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER

% 10.05.2022 Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:17.05.2022 10:58:20

1. By this common order I shall decide the aforesaid two writ petitions which involves identical issue with regard to payment of the benefits under the 6th and 7th CPC and other related benefits like MACP, LTC, medical facilities as provided to a Teacher working in a Delhi Government School. W.P.(C) 1292/2020

2. The prayers made in the writ petition are the following:

"Under the circumstances, it is most respectfully prayed that this Hon'ble Court may be pleased to:

i) That the Hon'ble Court may be pleased to allow the writ petition with cost by passing appropriate orders/directions to the respondent School to Implement 7th CPC recommendations w. e. f. 01.01.2016 at par with Delhi Government School Teachers; and

ii) That the Hon'ble Court may be pleased to pass appropriate orders/directions to restrain the respondent from harassing the petitioner and not to take coercive/adverse action against the petitioner without following the due procedures established by law; and

iii) That the Hon'ble Court may be pleased to pass appropriate orders/directions to the respondent School to implement the Hon'ble DST orders dated 19.05.2015. upheld by this Hon'ble Court regarding consequential benefits to the petitioner by making correct pay fixation in 6th & 7th CPC; and

iv) That the Hon'ble Court may be pleased to pass appropriate orders/directions to the respondent school for release of back wages from 05.05.2010 to 18.05.2015 to the petitioner; and

v) That the Hon'ble Court may be pleased to pass appropriate orders/directions to the respondent School to release arrears of pay fixation in 6th & 7th CPC with interest in a time bound manner; and

vi) That the Hon'ble Court may be pleased to pass appropriate order/directions to the respondent School to pay bonus with its arrears, MACP benefits, LTC & Medical facilities etc as applicable to the Delhi Government Schools Teachers.

vi) To pass any other appropriate orders/directions as are Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:17.05.2022 10:58:20 deemed fit and proper to grant relief to the Petitioner in the facts and circumstances of the case."

3. The case of the petitioner as contended by the counsel for the petitioner is that the petitioner was appointed as TGT Sanskrit on August 01, 2000. Her services were confirmed vide letter dated May 12, 2017. On May 05, 2010 the services of the petitioner along with seven other teachers were terminated by the respondent / School, which termination was challenged before the Delhi School Tribunal by filing an appeal being Chandra Rani and Ors. v. Sardar Patel Public Senior Secondary School and Ors. Appeal no. 70 of 2010. On May 19, 2015 the Delhi School Tribunal directed the respondent / School to reinstate them in service and to treat them as deemed confirmed employees after three years of their initial employment with all consequential benefits along with further direction to the respondent / School management to decide the detailed representations of the teachers regarding their entitlement of back wages under Rule 121 of Delhi School Education Act and Rules 1973 („DSEAR‟, for short). The respondent / School had challenged the judgment before this Court in writ petition being W.P.(C) 8125/2015 which was dismissed by this Court vide judgment dated September 18, 2015. Even the Intra-Court Appeal filed by the respondent / School being LPA 763/2015 was dismissed vide judgment dated October 29, 2015.

4. Pursuant thereto, the petitioner has joined the services of the respondent / School on November 18, 2015. With regard to the payment of back wages, suffice to state, the respondent / School rejected the representation of the teachers including that of the petitioner which became subject matter of a writ petition being W.P.(C) 2309/2016. A reference is Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:17.05.2022 10:58:20 made regarding the notification issued by the Directorate of Education, Govt. of NCT of Delhi, for implementation of the recommendation of the 7th CPC.

5. Pursuant to the notification dated August 25, 2017 the petitioner gave a representation dated April 08, 2018 to the Manager of the respondent / School for giving the benefit of 7th CPC and MACP. The same was followed by another representation dated February 04, 2019 to the Directorate of Education Govt. of NCT of Delhi. Despite reminders being sent no action has been taken by the respondent / School for grant of benefit under 7 th CPC which resulted in the filing of the writ petition.

6. A counter affidavit has been filed by the respondent No.1 / School wherein a reference has been made to certain alleged acts of the petitioner because of which the petitioner has been suspended from the school.

7. Insofar as the prayers made in the writ petition are concerned, it is stated that the respondent No.1 / School is not in a position to implement the 7th CPC as the expenses of the School are higher than the income generated by it.

8. That apart, the School is unable to increase the fee in view of the law enacted by the State of NCT of Delhi and the financial position has further deteriorated because of COVID-19 pandemic. That apart, it is stated that the School has been established on private land therefore, the respondent No.1 / School is not covered under Section 10 of the DSEAR. Section 10 is applicable to aided schools and not unaided private schools.

9. The short affidavit filed by the Directorate of Education in paragraphs 4 to 8 and 10 reads as under:-

"4. That the present Writ petition has been filed by the Petitioner Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:17.05.2022 10:58:20 interalia seeking directions to the Respondent No. 1 School to release arrears of pay fixation in 6th & 7th CPC, arrears of bonus, MACP benefits, LTC and Medical Leave etc. As such no relief has been claimed against the Answering Respondent. Accordingly, the present affidavit is being filed to bring on record the relevant provisions of law as also the extant rules and regulations qua the Respondent School. In so far as the litigation history inter se between the parties is concerned, the same is a matter of record and does not concern the Answering Respondent. In so far as representations dated 04.02.2019, 09.05.2019, 30.12.2019 and 04.01.2020 to the Answering Respondent is concerned, it is denied that the same was dumped in the files as alleged. It is also denied that the Answering Respondent has connived with the Respondent No. 1 School as alleged and any averment to the contrary is denied. On the basis of the above said representation the Directorate of Education had taken following steps:-

i) A Director of Education Nominee of the concerned school i.e. HOS GBSSS Karawal Nagar was deputed to conduct a fact finding inquiry wherein he concluded "Ongoing through the facts and statement received in writing at all concerned the complaint of Smt. Chandra Rani, TGT(Skt) has alleged about the misbehavior and harassment by Sh. Uttam Kumar, UDC and the school administration in her complaint but has not sufficient evidence. Also the FIR copy attached does not seem to be related justified about misbehaviour and harassment rather it is lodged with regard to snatched of the items and answer book of behalf yearly exams that too has not been bring into the notice of school administration till date as reported by principal of concerned school.

ii) A Committee headed by Deputy Director of Education, North East-I was constituted consisting DDE, Zone-IV and Assistant Account Officer (NE) was deputed to conduct an Inspection, during the inspection, the Committee made some following adverse observations:

a. That the report mandatory u/s l7(3) of DSEAR, 1973, the Respondent School did not submit it timely;

b. Income expenditure account of last three years shows that expenditures are over income.

Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:17.05.2022 10:58:20

c. Regarding issue of short salary, no reply has been submitted by the school yet but short salary has been paid to almost all the staff in same manner which is revealed by the available records.

d. That only proportionate salary is being given to all the staff by the respondent school;

e. That the Respondent School has not been complying with the provisions of section l0(l) of DSEAR, 1973 i.e. the staff is not being paid salaries in accordance with law; f. That the salaries of the staff have not been paid as per the lists provided by the Respondent School;

g. Furthermore, it is revealed from the inspection report that the Respondent School has reserved huge sums, which appears more than three (03) crores in three consecutive financial years, for retirement benefits to their employees. However the Respondent School did not provide any details in which agency they deposit the same. It is pertinent to mention here that the school is not paying the retiral benefits to their employees who are recently retired.

5. That on observing the several shortcomings including the financial irregularities against the Respondent School by the said Committee, a SCN dated 13/10/2021 has again been issued to the Respondent School directing to file their explanation within 15 days, failing which action under DSEAR, 1973 shall be against the school. Copy of Show Cause Notice dated l3llol202l is annexed herewith as Annexure R3&4/1.

6. That the Respondent No. I School is an unaided private school which is recognized by the Directorate of Education (DoE) under the provisions of DSEAR. That the Respondent No. 3 is a government agency and is responsible to grant the recognition to schools under the provisions of the DSEAR. The DSEAR aims at providing for better organization and development of school education in the Union territory of Delhi and for matters connected therewith or incidental thereto. It prescribes in detail the manner by which school operations should be overseen and supervised, from laying down the terms and conditions of employment of teaching staff, to the procedure for taking over a school by the Government etc.

7. That it is pertinent to mention here that the intent of the Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:17.05.2022 10:58:20 legislature while enacting DSEAR in addition to provide for better organization and development of educational institutions in the Union Territory of Delhi was also to provide for security of tenure to the employees of the school and to regulate the terms and conditions of their employment.

8. That under Rule 59 of DSEAR, a Managing Committee is entrusted with the management of any recognized private school and the said Managing Committee is bound to follow the statutory provisions of the DSEAR while managing the affairs of the school. Therefore, it is the Managing Committee of the Respondent No. 1 School responsible for the day to day functioning of the school including the appointment, promotion, fixation and payment of pay and allowances, suspension etc. of the employees. Thus, the Answering Respondent is not directly concerned with the aspects of day to day running of the School. However, the Schools including the Respondent No. 1 School is bound under Section l0 of DSEAR to pay salaries of its employees including the teaching staff at par with the employees of the corresponding status in schools run by the appropriate authority and also give regular increments etc. If the managing committee or manager of any school neglects to perform any of the duties imposed on it by or under DSEAR, the Answering Respondent is authorized to either withdraw the recognition of the School or if it is expedient in the interests of school education, to take over the management of such school under Section 20 DSEAR.

xxxx xxxx xxxx l0.That in light of the aforesaid, it is most respectfully submitted that the employees of Respondent No. 1 School being a private unaided recognized schools are entitled for pay and allowances, medical facilities, pension, gratuity, etc. at par with the employees of the schools of Delhi Govt. as mandated under Section l0 (l) of DSEAR."

W.P.(C) 9361/2019

10. This petition has been filed by five petitioners with the following prayers:

"(i) direct the respondents for the payment of correct salary to the petitioners herein as per the 7th CPC and the payment of Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:17.05.2022 10:58:20 arrears thereof;

(ii) grant MACP, bonus, LTC and medical allowances as has been granted to the other similarly situated teachers working in Govt. of NCT of Delhi;

(iii) to direct the respondents to pay the salary in the first week of the month which it falls due;

(iv) to pass such other and further orders by this Hon‟ble Court as deemed fit and proper."

11. It is their case that they were appointed as Teachers in respondent / School. On April 08, 2018 they gave a representation to the Manager seeking grant of benefits under the 7th CPC and MACP. The said representation was followed by two other representations dated May 20, 2019 and July 15, 2019 but no reply has been received which resulted in the filing of the present petition.

12. The respondent Nos.1 and 2 who were represented by Mr. Anuj Aggarwal, Advocate on January 21, 2021 and September 30, 2021, have filed a counter affidavit, the relevant paragraphs being 3.4-3.13 have been reproduced as under:-

"3.4-3.13 That the contents of paragraph No. 3.4 to 3. 13 of the writ petition arc wrong and, therefore, denied. It is submitted that the respondent No.1 school is not paying the salary as per the 7th CPC because of acute financial crises. It is submitted that since 01.01.20 I 6, the enrollment of students in the school has drastically reduced. It is submitted that the strength of students in the respondent No. 1 school as on 01.01.2016 was 1,600 students whereas the strength of students as on 01.01.2021 is 1,300 students. It is further submitted that the respondent No.1/school has even made repeated representations to the Directorate of Education thereby seeking permission to increase the fees of the students so that the salary of the teachers and other staff members of the respondent No. I /school could be paid as per 7th CPC but, however, till date no reply to the said representation has been received by the respondent No.1/school Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:17.05.2022 10:58:20 from the Directorate of Education. It is submitted that the fees of the students in the respondent No.1 /school, because of the aforesaid reason, has not been increased w.e.f. 01.04.2016. It is submitted that the respondent No.1 /school also has an apprehension that in case fees of the students is increased in order to pay the salary of the teachers as per 7th CPC then, in that event, the strength of students would decrease further leading to no other option except to close the respondent No.1 school. It is further submitted that the respondent No.1 school is situated in Karawal Nagar, Delhi which is a rural area and the students in the respondent No.1/school comes from lower middle class family. It is further submitted that in order to meet the salary needs of the teacher and other staff members of the respondent No.1/school, the respondent No.1 school will have to increase the fees of the students by almost 80% of the current fees. It is submitted that increasing fees of the students by 80% will lead to several dropouts and ultimately closure of the respondent No.1/school. It may also be noted that the consequence of reduction in the students strength will also be that several teachers would become surplus and will have to be retrenched/terminated on account of the same. It is, therefore, humbly submitted that the respondent No.1 school, despite best intention, is not in a position to pay salary of the petitioners as per 7th CPC.

Copies of the letter/replies are attached hereto and marked as ANNEXURE R-2 (Colly).

That, apart from the aforesaid, Covid-19 Pandemic and nationwide lock down has further increased financial crises of the respondent No.1/school. It is submitted that most of the students have not paid their due fees for the month of July, 2020 till date. It is further submitted that the respondent No.1/school has no reserve fund whatsoever from which the salaries of the petitioners could be paid as per 7th CPC. It is further submitted that the respondent No.1 school has taken a loan of Rs. 61 Lakhs from Mansha Education Society, which respondent No.1 school is not in a position to repay. A copy of the Audit Report under Section J 2A (b) of the Income Tax Act for the period from 31.03.2020 is attached hereto and marked as ANNEXURE R-3.

A copy of the Salary statement from January 2020 to November 2020 is attached hereto and marked as ANNEXURE R-4 (Colly)."

Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:17.05.2022 10:58:20

13. The Directorate of Education has also filed a short affidavit wherein they have inter alia stated that the respondent / School being an unaided private school recognised by the Directorate of Education, they are required to follow the provisions of the DSEAR including orders, circulars and notification issued by the Directorate of Education from time to time. Further in paragraph 4(i) to 4(xi) the following stand has been taken:

"4. That the necessary and relevant facts for adjudication of the present writ are being narrated hereinabove for ready reference:

(i) The petitioners are working as teachers in the Respondent School which is an un-aided private school recognized by the Directorate of Education (Respondent No.3), i.e., the Answering Respondent herein, under the Delhi School Education and Act and Rules, 1973 (hereinafter „DSEAR‟).

(ii) The Petitioner Nos. 1 to 4 made separate complaints against the Respondent School that they are not being paid salary and allowances as per 7th Pay Commission and its arrears, MACP benefits, non-releasing of Dearness Allowance with its arrears bonus LTC and Medical Allowances.

(iii) On receipt of the aforementioned complaints, the Answering Respondent initiated inquiry into facts of the said complaints and thereby vide letter dated 08.08.2019, appointed Mr. G.S. Verma as the Enquiry Officer.

(iv) The enquiry officer vide memorandum dated 16.08.2019, informed Petitioner Nos. 1 to 4 regarding the initiation of enquiry into their complaints and requested them to appear before him for recording of their statements alongwith a chart stating the salary due at the end of the school, a copy of the bank pass book and other relevant documents if any, within three days so that appropriate action could be taken as per the rules. A copy of the memorandum dated 16.08.2019 sent to Petitioner Nos. 1 to 4 is being annexed herewith and marked as Annexure R3/1.

(v) The enquiry officer vide separate memorandum dated Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:17.05.2022 10:58:20 16.08.2019 informed the Respondent School regarding the initiation of enquiry into the complaints received against it from the Petitioner Nos. 1 to 4 and requested the School to submit its reply alongwith the following documents within three days:

"1. Attested copy of the Pay ill Register, acquaintances roll in r/o the School Staff.

2. Attested copy of the Audited balance sheet of the School funds for last session (upto March 2019).

3. Proof payment of salary whatever is being given to the teachers / staff.

4. List of all the paid employees of the school with their designation and date if joining in the School.

5. Any other information, if relevant to the case."

A copy of the memorandum dated 16.08.2019 issued to the Respondent School is being annexed herewith and marked as Annexure R3/2.

vi. Pursuant to receipt of the memorandum dated 16.08.2019, the Petitioner Nos. 1 to 4 appeared before the Enquiry Officer and got their statements recorded. In their statements, the Petitioner Nos.1 to 4 confirmed the contents of their respective complaints and sought time to submit salary details and bank statements. It is pertinent to mention here that the Petitioner Nos.1 to 4 have duly submitted their bank statements to the Enquiry Officer.

vii. In reply to memorandum dated 16.08.2019, the Respondent School vide letter dated 21.08.2019, sought 10 days‟ time from the Enquiry Officer for submission of its reply/documents on the reason that the record of the School is with its Chartered Accountant. It is pertinent to mention here that the Enquiry Officer allowed the prayer of the Respondent School and granted it 10 more days to submit the requisite reply/documents. A copy of the letter dated 21.08.2019 of the Respondent School is being annexed herewith and marked as ANNEXURE R3/3.

viii. In the meantime, on 28.08.2019, the Petitioners filed the present writ petition before this Hon‟ble Court seeking the following reliefs:

Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:17.05.2022 10:58:20

"(i) Direct the respondents for the payment if correct salary to the petitioners herein as per the 7th CPC and the payment of arrears thereof;

(ii) grant MACP, bonus, LTC and medical allowances as has been granted to the other similarly situated teachers working in Govt. of NCT of Delhi;

(iii) to direct the respondents to pay the salary in the first week of the month which it falls due;

(iv) to pass such other and further orders by this Hon‟ble Court as deemed fit and proper."

ix. The present writ petition was listed before this Hon‟ble Court on 30.08.2019 whereby notices were issued. Thereafter, the Answering Respondent sought comments/inputs from the Respondent School on the facts of the present case. Regarding the same, reminder email dated 10.10.2019 was also sent to the Respondent School. x. Vide email dated 03.09.2019, the Enquiry Officer while informing the Respondent School that the extended time of 10 days sought and granted to the Respondent School is over, granted another 6 days‟ time for submission of reply/documents in view of the principles of natural justice. A copy of the email dated 03.09.2019 of the Answering Respondent is being annexed herewith and marked as ANNEXURE R3/4.

xi. Vide email dated 05.09.2019, the Respondent School replied to the email dated 03.09.2019 of the Enquiry Officer wherein it stated that in view of the matter being sub judice before this Hon‟ble Court, it cannot furnish any comments. A copy of the email dated 05.09.2019 of the Respondent School is being annexed herewith and marked as ANNEXURE R3/5."

SUBMISSIONS:

14. Mr. Raj Kumar Mittal, learned counsel appearing for the petitioner in W.P.(C) 1292/2020 states that de-hors the proceedings initiated by the respondent / School, the petitioner though has been granted certain benefits Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:17.05.2022 10:58:20 under 6th CPC, the complete arrears of salary have not been paid. That apart, he states that no benefits under the 7th CPC have been granted by the respondent / School. He states, in view of the categorical stand taken by the Directorate of Education, there is no alternative for the respondent / School but to pay all the arrears with regard to 6 th and 7th CPC and also the related benefits to the petitioners.

15. Similar is the submission of Mr. V.K. Tandon, learned counsel appearing for the petitioners in W.P.(C) 9361/2019 that the only plea taken by the respondent / School is of financial difficulty which is no ground for the respondent / School not to comply with the directives of the Director of Education for grant of benefits under 6th and 7th CPC and also related benefits like grant of MACP, LTC, bonus and medical allowances etc.

16. On the other hand, Mr. Arvind Gupta, learned counsel appearing for the respondent Nos.1 and 2 would submit that the respondent / School is being run on a private land and because of the COVID-19 pandemic, the School is unable to collect the complete fee from the parents of the wards.

That apart, Directorate of Education is not allowing the respondent / school to claim the complete fee under all the heads which has resulted in the loss of revenue to the School because of which School is unable to comply with the directives for payment of benefits under the 6th and 7th CPC.

17. The learned counsel appearing for the Directorate of Education apart from reiterating the stand in the counter affidavits filed in the petitions has also stated that the show cause notice issued to the school with regard to the complaint made by the Teachers for not giving them the benefits as per their entitlement. He also states that now a reply has been received from the School which is under consideration of the Directorate of Education. He also Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:17.05.2022 10:58:20 states that in terms of the directives of the Directorate of Education, the respondent / School is required to follow the mandate and give the benefits under the 6th and 7th CPC.

ANALYSIS / FINDINGS:

18. Having heard the learned counsel for the parties, the issue of grant of benefit under 6th and 7th CPC is no more res integra, inasmuch as this Court in a recent judgment in batch of writ petitions being Shikha Sharma v. Guru Harkrishan Public School & Ors., W.P.(C) 3746/2020, decided on November 16, 2021 has on identical submissions has held as under:

"23. Having said that, the plea of Mr. Mishra is financial hardship. The same is not sustainable. The issue which falls for consideration is no more res integra in view of the judgment in the case Kuttamparampath Sudha Nair (supra), wherein in paragraphs 35 to 37, the Court has held as under:

"35. The next contention of the School, without prejudice to the earlier contention, was that the School is run by a Charitable Trust and its financial condition is weak with total number of students being less and many of them covered under the EWS/DG category. School is thus unable to bear the burden of disbursing the salaries and the emoluments as per the CCS (Revised Pay) Rules, 2016 in respect of the Government employees. Courts have repeatedly held that paucity of funds or financial crunch of an employer cannot be an answer to noncompliance of a statutory mandate. In the context of payment of minimum wages, the Supreme Court in Unichovi vs. State of Kerala, AIR 1962 SC 12 and Hydro (Engineers) Private Ltd vs. Workmen 1969 (1) SCR 156 held that hardship to an employer to carry on its activity, Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:17.05.2022 10:58:20 on account of payment of minimum wages, is an irrelevant consideration for determination of minimum wages. The State assumes that every employer must be in a position to pay minimum wages before he resorts to employment. In Air Freight Ltd. vs. State of Karnataka, 1996 (6) SCC 547, this solemn principle was reiterated.

36. In the context of Section 10 (1) of DSEA&R, this Court had rejected the argument of paucity of funds as an irrelevant consideration in the case of Samaj Shiksha Samiti vs. Delhi State Saraswati Shishu Bal Mandir Karamchari Kalyan 2002 (97) DLT 802. In this context, I may quote a few passages from the judgment in Veena Sharma (Mrs.) & Ors. vs. The Manager, No.1 Air Force School Palam & Ors. 2005 VII AD (Delhi) 517 as follows:-

"18. Two things clearly emerge, from the above position. The respondent school is under an obligation to comply with the provisions of Section 10. This obligation is not relieved in any manner; rather, Section 4(1) reinforces this conclusion. Further, the Director and other authorities under the Act have no power to exempt any recognized school from its liability to comply with Section 10. The reliance of the school on the implied approval by the Central Government, is in my considered opinion of no consequence. There is no dispute about he fact that the Directorate itself has been insisting upon payment of salary and allowances in accordance with Section 10. Indeed that was the condition of recognition itself. The second issue is that financial hardship is also no consideration or ground to relieve an employer of his statutory obligation to pay what society has decreed as the Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:17.05.2022 10:58:20 minimum salary of teachers and staff, through the provisions of Section 10 of the Act.

19. The submission of learned counsel for the school that if the relief is granted and the pay scales have to be released in favour of the petitioners, a situation might arise leading to the close of the school is somewhat similar to the apprehensions voiced by the Management in Frank Anthony case (supra). The Supreme Court dealt with arguments in the following terms:-

"We must refer to the submissions of Mr. Frank Anthony regarding the excellence of the institution and the fear that the institution may have to close down if they have to pay higher scales of salary and allowances to the members of the staff. As we said earlier the excellence of the institution is largely dependent on the excellence of the teachers and it is no answer to the demand of the teachers for higher salaries to say that in view of the high reputation enjoyed by the institution for its excellence, it is unnecessary to seek to apply provisions like Section 10 of the Delhi School Education Act to the Frank Anthony Public School. On the other hand, we should think that the very contribution made by the teachers to earn for the institution the high reputation that it enjoys should spur the management to adopt at least the same scales of pay as the other institutions to which Section 10 applies. Regarding the fear expressed by Shri Frank Anthony that the institution may have to close down we can only hope tht the management will do nothing to the nose to spite the face, merely to put the teachers in their proper place. The fear expressed by the management here has the same right as the fear expressed invariably Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:17.05.2022 10:58:20 by the management of every industry that disastrous results would follow which may even lead to the closing down of the industry if wage scales are revised.

20. The submission of paucity of funds, has to be, therefore, rejected. The subjective or individual hardship of a management, that too sponsored by no less an Organization of the stature of Indian Air force, which even went to the extent of seeking to deny liability on the ground that the school caters to the children of JCOs (Junior Commissioned Officers) impliedly perhaps suggesting that the children of such employees can be taught without compliance with minimum standards imposed by law, cannot be countenanced."

37. In this regard, I am also fortified in my view by a judgment of a Co-ordinate Bench in Deepika Jain vs. Rukmini Devi Public School & Ors. W.P. (C) 237/2013 decided on 23.09.2013, where implementation of 6th CPC benefits was sought by the Petitioner and the Court held as follows:-

"3. I have held in many cases, including the case of Meenu Thakur Vs. Somer Ville School & Ors.

W.P.(C) 8748/2010 decided on 13.2.2013 that paucity of funds is not a ground to not pay amounts as per the 6th Pay Commission Report and the order of the Director of Education dated 11.2.2009. A Division Bench of this Court in LPA 286/2010 titled as Rukmani Devi Jaipuria Public School Vs. Sadhna Payal & Ors. decided on 11.5.2012 has also held that paucity of funds is not a ground not to make payments as per the 6th Pay Commission Report."

Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:17.05.2022 10:58:20

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 7 th 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 6 th 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 Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:17.05.2022 10:58:20 benefits."

19. In view of the clear position of law, the petitioners herein are entitled to the complete benefits of 6th and 7th CPC. Accordingly, the complete arrears of 6th and 7th CPC shall be paid to the petitioners from the date of their entitlement. The same shall be paid within a period of six months from today. The arrears under 6th CPC shall be paid with interest @ 6% per annum. No interest is payable on the arrears of salary under 7th CPC. With regard to the claim of the petitioners of MACP, bonus and LTC are concerned, the Directorate of Education shall consider this request of the petitioners by taking the comments of the School and pass a detailed and speaking order within a period of 12 weeks from today. Any order passed by the Directorate of Education shall be complied with. It is made clear that the disposal of these writ petitions shall not have any bearing on the action initiated by the Directorate of Education against the respondent / School in terms of show cause notices issued on various dated including on October 15, 2019, December 11, 2020 and also on October 13, 2021. The Directorate of Education shall proceed in accordance with law and pass appropriate orders.

20. With the above the writ petitions are disposed of. No Costs. CM APPLs. 4489/2020, 4490/2020 & 46410/2021 in W.P.(C) 1292/2020 CM APPL. 24115/2021 in W.P.(C) 9361/2019 Dismissed as infructuous.

V. KAMESWAR RAO, J MAY 10, 2022/aky Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:17.05.2022 10:58:20

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Delhi High Court - Orders