Delhi High Court - Orders
Nankoo & Ors vs Directorate Of Education & Ors on 21 July, 2022
Author: Rekha Palli
Bench: Rekha Palli
$~63 & 66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10942/2022 & CM APPL. 31851/2022 -Ex.
NANKOO & ORS. ..... Petitioner
Through: Mr.J.S.Bedi, Adv.
versus
DIRECTORATE OF EDUCATION & ORS. ..... Respondent
Through: Mr.Indrajeet Singh, Adv for GHPS &
DSGMC.
+ W.P.(C) 10950/2022 & CM APPL. 31879/2022 -Ex.
HARVINDER SINGH & ORS. ..... Petitioner
Through: Mr.J.S.Bedi, Adv.
versus
DIRECTORATE OF EDUCATION & ORS. ..... Respondent
Through: Mr.Indrajeet Singh, Adv for GHPS &
DSGMC.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 21.07.2022
1. The petitioners have approached this Court seeking the following reliefs:
"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/retirement and to calculate TA, DA, 6CPC & 7CPC Arrears Gratuity and leave encashment.
b) Issue a writ of mandamus, order or direction, directing the Respondent No. 2 to 6 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, direct the respondent No 2 to 6 to release pending 40% salary to petitioner Signature Not Verified Digitally Signed By:SAURABH RAWAT Signing Date:22.07.2022 17:15:54 from Jan, 2020 to Feb 2021 with Interest of 9% per annum till the date of release of arrears of pending salary.
d) Issue a writ a mandamus, pass similar Judgment W.P. (C) 3746/2020 and connected matters titled as Shikha Sharma V/s GHPS & Ors "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"
2. Learned counsel for the petitioners submits that the petitioners are claiming the balance amount towards arrears of TA, DA & MACP from 2006 alongwith the benefits under 6th CPC as well as benefits of the 7th CPC. He further submits that an identical prayer of similarly placed employees already stands allowed by this Court on 16.11.2021 in W.P.(C) 3746 of 2020 titled as 'Shikha Sharma v. Guru Harkrishan Public School & Ors.'. He, therefore, prays that the writ petitions be disposed of in terms of the said decision.
3. He further prays that in terms of the directions issued by this Court in Charanjit Kaur Sehra & Ors. v. Directorate of Education & Ors.[W.P.(C)6949/2022] the respondents may be directed to pay an adhoc amount of Rs.2,50,000/- to those of the petitioners, who already stand retired or have resigned from the respondent/school within three weeks and a further amount of Rs.5,00,000/- within four weeks thereafter.
4. Issue notice. Mr.Indrajeet Singh accepts notice on behalf of respondent nos.2 to 6 and does not dispute the fact that the issue Signature Not Verified Digitally Signed By:SAURABH RAWAT Signing Date:22.07.2022 17:15:54 raised in the present petition is squarely covered by the decisions of this Court in 'Shikha Sharma' (supra) and Charanjit Kaur Sehra & Ors.(supra).
5. In the light of the aforesaid stand taken by the learned counsel for the respondents, the writ petition is allowed by directing that the petitioners would also be entitled to the benefits of the judgment in Shikha Sharma' (supra). The amount of arrears, if any, be released in favour of the petitioners within six months from the date, the due amounts are calculated by the respondent no. 1-Directorate of Education. However, in order to expedite the said payment, the respondent no. 1 is directed to ensure that the calculations of arrears payable to the petitioners, if not already made, are made within four weeks from today and are duly communicated to the petitioners as also to respondent nos. 2 to 4.
6. Furthermore, in terms of the decision in and Charanjit Kaur Sehra & Ors.(supra), the respondents are further directed to pay within a period of three weeks a sum of Rs.2,50,000/- to those petitioners, who already stand retired or have resigned from the services of the respondents and a further sum of Rs.5,00,000/- within four weeks thereafter.
7. The writ petitions alongwith the pending applications are, accordingly, disposed of.
JULY 21, 2022/sr REKHA PALLI, J Signature Not Verified Digitally Signed By:SAURABH RAWAT Signing Date:22.07.2022 17:15:54