Delhi High Court - Orders
Upinder Singh & Ors vs Directorate Of Education & Ors on 28 March, 2022
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5049/2022 & CM APPLS. 15003/2022, 15004/2022
UPINDER SINGH & ORS. ..... Petitioners
Through: Mr. Jagminder Singh Bedi, Adv.
versus
DIRECTORATE OF EDUCATION & ORS. ..... Respondents
Through: Mr. Abinash Kumar Mishra and
Mr. Indrajeet Singh, Advs. for R2 to
R6.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 28.03.2022 CM APPL. 15003/2022 Exemption allowed subject to all just exceptions. Application stands disposed of.
W.P.(C) 5049/2022
1. This is a fresh petition. The petitioners in effect are seeking the benefit of the Judgment dated November 16, 2021 passed in a batch of writ petitions with lead petition being W.P.(C) 3746/2020.
2. Mr. Jagminder Singh Bedi, learned counsel appearing for the petitioners would submit that the petitioners' pay has been fixed under the 6th CPC, but the benefits thereof have been granted partially. He also states that the benefit under the 7th CPC has not been given to the petitioners at all. He seeks the benefit of pay under the 7th CPC w.e.f January 1, 2016 as well. He also states that the petitioners being retirees are also entitled to the retiral Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:30.03.2022 18:03:42 benefits. He prays for grant of TA and DA for the period while the petitioners were in service.
3. Mr. Abinash Kumar Mishra, learned counsel appearing for respondent Nos. 2 to 6 concedes to the fact that Judgment dated November 16, 2021 though taken in an Intra-Court Appeal, has not been stayed. He also states that the petitioners being retirees, shall be entitled to benefit of Rs. 2,50,000/- in terms of statement made by Mr. Manjinder Singh Sirsa, the earlier President of DSGMC and also Rs.5,00,000/- as granted by this Court in favour of the retirees in the Judgment dated November 16, 2021. If that be so, in view of the submission made by Mr. Mishra, as there is no stay of the Judgment of November 16, 2021, the petitioners are also entitled to the prayers for arrears under the 6th CPC and 7th CPC as implemented by the Directorate of Education. Relevant paragraphs of the Judgment dated November 16, 2021 being paragraphs 25 to 27 are reproduced 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 Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:30.03.2022 18:03:42 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, 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.
27. On the issue of grant of transport allowance / dearness allowance, the DoE in consultation of the GHPS in which Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:30.03.2022 18:03:42 petitioners, who sought such relief are working shall pass order, by considering the orders in the cases being CONT.CAS.(C) 46/2016 dated January 09, 2017 and in W.P.(C) 2132/2011 dated March 06, 2013 and instructions, if any, and convey the decision to those petitioners, within 10 weeks from today. Similarly, the claim of some petitioners for MACP in W.P.(C) 6407/2018, W.P.(C) 11152/2019 and W.P.(C) 12006/2019 shall be decided by the DoE in consultation with the GHPS in which the petitioners, who sought such relief are employed and convey the same to those petitioners, within 10 weeks from today. If the benefits are payable, the same shall be released to the petitioners within six months thereafter."
4. It is directed that the respondent Nos. 2 to 6 shall grant the arrears of 6th CPC to the petitioners. Their pay shall be fixed under the 7th CPC in accordance with the Rules and arrears thereof shall be granted within a period of six months subject to the adjustment of the salary already paid to them. Further all retiral benefits shall also be fixed and released to the petitioners who have retired from service within six months from today subject to the adjustment of the amounts already paid. The arrears of 6 th CPC shall be paid with interest @ 6% per annum. It is made clear that no interest shall be payable on the arrears of 7th CPC. It is also made clear that the failure to pay the amounts within six months as directed above shall entail payment of higher interest @ 9% per annum including on the retiral benefits. On the issue of grant of transport allowance and the dearness allowance, DoE in consultation with GHPS in which the petitioners were Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:30.03.2022 18:03:42 working shall pass order by considering the orders in the previous litigation and instructions, if any, and convey the decision to the petitioners within 10 days from today. If the benefits are payable, the same shall be released to the petitioners within six months thereafter.
5. The amount of Rs.2,50,000/- shall be paid to the petitioners within three weeks from today and the amount of Rs.5,00,000/- shall be paid within four weeks thereafter.
6. With the above petition stands dispose of.
CM APPL. 15004/2022Dismissed as infructuous.
V. KAMESWAR RAO, J MARCH 28, 2022/jg Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:30.03.2022 18:03:42