Delhi High Court - Orders
Renu Arora And Ors vs St. Margaret Senior Secondary School & ... on 18 February, 2022
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3039/2022
RENU ARORA AND ORS
..... Petitioners
Through : Mr.Ashok Aggarwal and Mr. Kumar
Utkarsh, Advocates.
versus
ST. MARGARET SENIOR SECONDARY
SCHOOL & ANR.
..... Respondents
Through : None.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 18.02.2022
1. This petition is filed with the following prayers:-
i) issue any appropriate writ, order or direction, directing the respondent St. Margaret Senior Secondary School to forthwith pay to petitioners arrears of salary in terms of the 7th pay commission w.e.f 01.01.2016 till 31.07.2021;
ii) issue any appropriate writ, order or direction, directing the respondent St. Margaret Senior Secondary School to forthwith pay to petitioners DA arrears from 01.08.2021 and onwards till date as DA was given at @ 17% instead of @ 31%;
iii) issue any appropriate writ, order or direction, directing the respondent St. Margaret Senior Secondary School to forthwith pay to petitioners HRA arrears from 01.08.2021 and onwards till date;
iv) issue any appropriate writ, order or direction, directing the respondent St. Margaret Senior Secondary School to forthwith pay to petitioners TA arrears from 01.08.2021 and onwards till date;
v) issue any appropriate writ, order or direction, directing the respondent St. Margaret Senior Secondary School to forthwith pay to petitioners Bonus which is due since 2013 Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:18.02.2022 17:19 and onwards till date;
vi) issue any appropriate writ, order or direction, directing the respondent St. Margaret Senior Secondary School to forthwith grant the above benefits to the pay petitioners with 24% interest thereupon from the date/dates same became payable to them till payments are made;
vii) issue any appropriate writ, order or direction, directing the respondent St. Margaret Senior Secondary School to forthwith consider cases of the petitioners as for grant of MACP from the date the same are due to them;
viii) issue any appropriate writ, order or direction, directing the respondent St. Margaret Senior Secondary School to regularly issue salary slips to all the petitioners;
ix) issue any appropriate writ, order or direction, directing the respondent Director of Education to take action in accordance with the provisions of Section 10 of the Delhi School Education Act, 1973 against the respondent school for aforesaid failures on the part of the respondent school;
x) pass any other order or direction or such further orders as may be deemed just and appropriate, in the facts and circumstances of the case and also in the interest of justice, in favour of the petitioners; and
xi) allow the present writ petition with costs, in favour of the petitioners.
2. None appears on behalf of the respondents despite advance service.
3. In the circumstances, as sought, let this petition be treated as the representation on behalf of the petitioners qua the fixation and release of arrears as per the recommendations of the Central Pay Commission and be disposed of by the Directorate of Education (DoE) within 12 weeks from today by passing a speaking order after giving opportunity of being heard to the all concerned.
4. After passing the appropriate order by the DoE, they shall file an affidavit in this regard with due calculations within four weeks after passing of such order.
5. In view of above, the petition stands disposed of with a liberty to petitioners to approach this Court, if need arises. Pending application, if Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:18.02.2022 17:19 any, also stands disposed of. No order as to cost.
6. Copy of this order be sent to the respondents for information and compliance.
YOGESH KHANNA, J.
FEBRUARY 18, 2022 M Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:18.02.2022 17:19