Delhi High Court - Orders
Pushpinder Kaur & Ors vs Guru Harkrishan Public School & Ors on 24 November, 2021
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8967/2020, CM No. 41819/2021
PUSHPINDER KAUR & ORS.
..... Petitioner
Through: Mr. R. K. Saini and Mr. Ankit Singh,
Advocates
versus
GURU HARKRISHAN PUBLIC SCHOOL & ORS.
..... Respondent
Through: Ms. Latika Chaudhary, Advocate for
R-3/Directorate of Education
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 24.11.2021 CM No. 41819/2021 This is an application filed by the petitioner with the following prayers: -
"In the premises aforesaid, it is most humbly and respectfully prayed that this Hon'ble Court may be pleased to issue:
a) appropriate orders/directions, in the interest of justice to list the present writ petition for clarification /orders on a date sometime this week and pass appropriate orders with regard to the reliefs claimed for therein by the Petitioners.
b) Such other or further orders as may be deemed fit and proper in the facts and circumstances of the case and in the interest of justice."
The submission of Mr. Rakesh Saini, counsel for the petitioner is that the prayer of the petitioner in this petition was also for arrears of salary effective from April, 2020 till the date of the decision in the batch of the writ Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:26.11.2021 11:28:00 petitions.
The order is very clear, paragraphs 25 & 26 which reads as under
covers the arrears of pay, up to the date of payment. That apart, some of the petitioners have also filed a separate petition (item No.19 of the table on page 18 of the judgment) seeking the benefit of the 7th CPC: -
"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 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, Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:26.11.2021 11:28:00 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."
In view of the above, I do not see any reason to pass any further orders. Application disposed of.
V. KAMESWAR RAO, J NOVEMBER 24, 2021/ds Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:26.11.2021 11:28:00