Delhi High Court - Orders
Harpreet Kaur vs Directorate Of Education And Ors on 22 February, 2022
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12825/2018
HARPREET KAUR ..... Petitioner
Through: Mr.Atul Kumar, Advocate.
versus
DIRECTORATE OF EDUCATION AND ORS. ..... Respondents
Through: Ms.Latika Choudhary, Advocate for
DoE.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 22.02.2022
1. The hearing has been conducted through Video Conferencing.
CM APPL. 42438/20212. This application is filed for early hearing.
3. The application is allowed and stands disposed of. W.P.(C) 12825/2018
4. This petition is filed for directing the respondents to release the gratuity amount along with interest and arrears of 6 th and 7th Pay Commission and other retiral benefits.
5. Reference is made to judgment dated 16.11.2021 in W.P.(C) 3746/2020 titled Shikha Sharma Vs. Guru Harkrishan Public School wherein it was held 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 Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:23.02.2022 13:57 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.
6. Learned counsel for DoE is present. Affidavit has already been filed by them in the present petition wherein they have stated in terms of orders dated 24.10.2019 and 27.11.2019, the computation of arrears has been prepared by the Accounts Functionaries of the District West-A office of the Directorate of Education on the basis of record provided by both the contesting parties i.e. Petitioner as well as the Respondent School and also that as per the final computation, an amount of Rs.9,89,392/- is still due to be paid by the school as arrears of salary of the petitioner which has been calculated as per 6th Pay Commission from 01.01.2006 to 31.12.2017 and as per the final computation, an amount of Rs.13,04,669/- is still due to be paid by the school as arrears of salary of the petitioner which has been calculated including 6th & 7th Pay Commission from 01.01.2006 to 31.12.2017. This amount has arrived at after computation of arrears of salaries of 6 th Pay Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:23.02.2022 13:57 Commission from 01.01.2006 to 31.12.2015 and thereafter including computation of arrears of salaries of 6th Pay Commission from 01.01.2016 to 31.12.2017.
7. Since none is appearing on behalf of respondent No.2 and 3, let court notice be issued to them returnable on 08.07.2022.
YOGESH KHANNA, J.
FEBRUARY 22, 2022 VLD Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:23.02.2022 13:57