Delhi High Court - Orders
Balwant Singh And Anr vs Directorate Of Education And Ors on 25 March, 2022
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11732/2021
BALWANT SINGH AND ANR ..... Petitioners
Through: Mr. Jagminder Singh Bedi, Adv.
versus
DIRECTORATE OF EDUCATION AND ORS ..... Respondents
Through: Mr. Zoheb Hossain, ASC, GNCTD
with Mr. Vivek Gurnani and Mr.
Karthik Tayur, Advs. for R1.
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. 14786/2022
1. This application has been filed by the petitioner for listing of this writ petition with other writ petitions being W.P.(C) 11556/2021 and 12494/2021 today, i.e., March 25, 2022.
2. I have heard the learned counsel for the petitioners and Mr. Abinash Kr. Mishra, Adv. for respondent Nos. 2 to 4 on the writ petition as well. The 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 No.1 to calculate arrears towards salary (due and drawn statement) from 2006 to till date of retirement and to calculate Gratuity and leave Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:29.03.2022 11:17:21 encashment.
b) Issue a writ of mandamus, order or direction, directing the Respondent No. 2 & 3 to release the terminal benefits to the Petitioner which includes gratuity, leave encashment, arrears towards 6th Pay Commission, Arrears of DA and TA from 2014 till retirement, Implementation and release arrears towards 7th Pay Commission with interest;
c) Issue a writ a mandamus, order or direction, directing the respondent No 2 & 3 to release salary.
d) 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."
3. Mr. Jagminder Singh Bedi, learned counsel appearing for the petitioners states, petitioners be given the benefit of the Judgment of this Court dated November 16, 2021 in batch of writ petitions with lead petition being W.P.(C) 3746/2020. He also states that the petitioners herein have retired from the services of the respondent Nos. 2 and 3 School and the amount of ₹ 2,50,000/- as has been granted to the retirees on the basis of the statement made by Mr. Manjinder Singh Sirsa, the earlier President of DSGMC and also ₹5,00,000/-as granted by this Court in favour of the retirees in the judgment dated November 16, 2021 be granted to the petitioners.
4. Mr. Mishra on the other hand states that 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. On the Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:29.03.2022 11:17:21 submission of Mr. Jagminder Singh for grant of benefit of ₹2,50,000/- and ₹5,00,000/-, Mr. Mishra states, the amount of ₹2,50,000/- shall be paid within three weeks from today and ₹5,00,000/- shall be paid within four weeks thereafter.
5. In view of the submission made by Mr. Mishra and the fact that there is no stay of the Judgment of November 16, 2021, the petitioners herein shall also be entitled to the benefit of the 6th and 7th CPC as implemented by the Directorate of Education. Paragraphs 25 and 26 of the judgment dated November 16, 021 read as under:
"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 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 Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:29.03.2022 11:17:21 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."
6. Taking the submission of Mr. Mishra on the payment of ₹2,50,000/- and ₹5,00,000/- on record, it is directed that the respondent Nos.2 to 4 shall pay to the petitioners balance of arrears of 6th CPC and the complete arrears of 7th CPC, subject to adjustment of amounts already 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 services within six months from today subject to adjustment of the amounts already paid at the time of full Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:29.03.2022 11:17:21 payment. The payment of arrears of 6th CPC shall be paid with interest @ 6% per annum.
7. 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 including on the arrears of 6th and 7th CPC and retiral benefits.
8. On the issue of grant of transport allowance / dearness allowance, the DoE in consultation of the GHPS in which petitioners were 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.
9. With the above, the petition is disposed of.
V. KAMESWAR RAO, J MARCH 25, 2022/jg Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:29.03.2022 11:17:21