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Delhi High Court - Orders

Anjali Vaid And Ors vs Adarsh World School And Ors on 2 March, 2022

Author: Yogesh Khanna

Bench: Yogesh Khanna

                                $~36
                                *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +    W.P.(C) 3592/2022
                                     ANJALI VAID AND ORS
                                                                                       ..... Petitioners
                                                      Through : Mr.Nikhilesh Kumar, Advocate.
                                                      versus
                                     ADARSH WORLD SCHOOL AND ORS                   ..... Respondents
                                                      Through : None.
                                     CORAM:
                                     HON'BLE MR. JUSTICE YOGESH KHANNA
                                                      ORDER
                                %                     02.03.2022
                                CM APPLN No.10581/2022

1. Exemption allowed, subject to the condition that petitioner will file the duly sworn/attested affidavit and the requisite Court fee within 72 hours from the date of resumption of the regular functioning of this Court.

2. The application stands disposed of.

CM APPLN No.10580/2022

3. Exemption allowed, subject to all just exceptions.

4. The application stands disposed of.

W.P.(C) 3592/2022 & CM APPLN Nos.10582/2022

5. This writ petition is filed with the following prayers:-

a) Issue a writ of mandamus, order or direction, directing the Respondent No. 1 and 2 to implement the 7th Pay Commission as directed by the Respondent No.3 vide order dated 17.10.2017 w.e.f. 1.1.2016 and consequently direct the Respondent No. 2 and 3 to pay all arrears as per 7th Pay Commission along with interest from 1.1.2016 till payment to the Petitioners No. 1 to 6;
b) Issue a writ of mandamus, order or direction, directing the Respondent No. 1 and 2 to release arrears towards 7th Pay Commission along with interest to Petitioner Nos. 7 to 13 from 1.1.2016 to September 2019;

c) Issue a writ of mandamus, order or direction, directing Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:02.03.2022 16:52 the Respondent No.3, after hearing both the parties, pass a speaking and reasoned order on the complaint dated 13.3.2021 within a period of four weeks;

d) Pass such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.

6. The learned counsel for petitioners submit despite the orders of the Directorate of Education (DoE) viz respondent No.3 herein, the respondents No.1 & 2 have not implemented the guidelines of 7th Central Pay Commission (CPC) in respect of petitioners No.1 to 6 and have not paid them arrears as well as salaries in terms of 7 th CPC, but whereas they have started paying the salary to the petitioners No.7-13 per 7th CPC with effect from October 2019, but they have also not been paid the arrears as yet.

7. It is also stated the mode of payment of arrears and the implementation of 7th CPC was given in the order dated 17.10.2017 of the DoE which was further confirmed by their order dated 09.10.2019.

8. In the circumstances, notice be issued to the respondents through all modes including email and whatsapp returnable before the learned Registrar on 22.07.2022.

9. Upon completion of service/pleadings, the matter be listed before this Court.

YOGESH KHANNA, J.

MARCH 02, 2022 M Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:02.03.2022 16:52