Delhi High Court - Orders
Harbans Kaur Ahluwalia vs School Management Of Guru Harkrishan ... on 17 August, 2022
Author: Rekha Palli
Bench: Rekha Palli
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3375/2022 & CM APPL. 9858/2022 -Int. dir.
HARBANS KAUR AHLUWALIA ..... Petitioner
Through: Mr. Kartik Malhotra, Adv.
Versus
SCHOOL MANAGEMENT OF GURU HARKRISHAN PUBLIC
SCHOOL, INDIA GATE & ORS. ..... Respondents
Through: Ms. Divyanshi Anand, Adv. for Ms.
Vibha Mahajan, Adv. for R1
Mr. Abinash K. Mishra with Ms
Avneet Kaur and Mr. Gaurav Pandey,
Advs. for school.
Mr. Gaurav Dhingra, Adv. for DoE.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 17.08.2022
1. The petitioners have approached this Court seeking the following reliefs:
"(a) Issue a writ in the nature of mandamus or any other appropriate writ or direction or order, directing the Respondents No.1 and 2 to release the Petitioner's retirement benefits like Gratuity with 9% interest from 31.05.2021 (i.e., date of being relieved) to the Petitioner in accordance with the recommendations of Sixth and Seventh Central Pay Commission issued by the Respondent No.3.
(b) Issue a writ in the nature of mandamus or any other appropriate writ or direction or order, directing the Respondents No.1 and 2 to implement the recommendations of Sixth Central Pay Commission in terms of order dated Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:18.08.2022 11:56:47 11.02.2009 issued by Respondent No.3 by directing them to re-fix the salary, other perquisites / consequential benefits like travel allowance, dearness allowance etc., for the Petitioner with immediate effect.
(c) Issue a writ in the nature of mandamus or any other appropriate writ or direction or order, directing the Respondents No.1 and 2 to implement the recommendations of Seventh Central Pay Commission in terms of order dated 17.10.2017 issued by Respondent No.3 by directing them to re-fix the salary, other perquisites / consequential benefits like travel allowance, dearness allowance etc., for the Petitioner with immediate effect.
(d) Direct the Respondents No.1 and 2 to pay arrears of outstanding salary, along with 9% interest, till date in terms of Respondent No.3's order dated 11.02.2009 for implementation of recommendations of Sixth Central Pay Commission.
(e) Direct the Respondents No.1 and 2 to pay arrears of outstanding salary till date in terms of Respondent No.3's order dated 17.10.2017 for implementation of recommendations of Seventh Central Pay Commission.
(f) Direct the Respondents No.1 and 2 to pay interest at 9% per annum on the outstanding amount payable to the Petitioner from the respective 22 dates of implementation of 6th CPC Recommendation and 7th CPC Recommendations, till date.
(g) Supervise the conduct of the Respondents No.1 & 2 till the entire benefits are released to the Petitioner.
(h) Direct the Respondent No.3 to ensure that the Respondents No.1 and 2 comply with Respondent No.3's order dated 17.10.2017.
(i) Direct the Respondent No.3 to determine the dues and supervise in computation of retirement benefits of the Petitioner and re-fixing of salary and releasing of payment of entire arrears along with perquisites and interest to the Petitioner in terms of recommendation of Seventh Central Pay Commission and in case of failure of the Respondents No.1 & 2, to take appropriate action in accordance with the Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:18.08.2022 11:56:47 provisions of Delhi School Education Act and Rules, 1973 framed thereunder.
(j) Award the cost of litigation; and / or
(k) Pass any order or further order which this Hon'ble Court may deem fit in the peculiar facts and circumstances of the present case."
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 petition be disposed of in terms of the said decision.
3. Issue notice. Learned counsel for the respondents accept notice.
4. Learned counsel for the respondents do not deny the fact that the issue raised in the present petition is squarely covered by the decision in 'Shikha Sharma' (supra).
5. In the light of the aforesaid, the writ petition is disposed of 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 to the petitioners within six months from the date, the due amounts are calculated by the respondent no. 3-Directorate of Education. However, in order to expedite the said payment, the respondent no. 3 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 Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:18.08.2022 11:56:47 also to respondent nos. 1 & 2.
6. The writ petition is, accordingly, disposed of alongwith the pending application, if any.
REKHA PALLI, J AUGUST 17, 2022 acm Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:18.08.2022 11:56:47