Delhi High Court - Orders
Manjit Kaur vs Guru Harkrishan Public School & Ors on 25 March, 2022
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~49
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 258/2022 & CM APPL. 14762/2022
MANJIT KAUR
..... Petitioner
Through: Mr. R.K. Saini, Adv.
versus
GURU HARKRISHAN PUBLIC SCHOOL & ORS.
..... Respondent
Through: Mr. Abinash Kr. Mishra and
Mr. Gaurav K. Pandey, Advs. for
R1 & R2
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 25.03.2022
1. The petitioner has filed this petition with the following prayers:-
"In the premises aforesaid, it is most humbly and respectfully prayed that this Hon'ble Court may be pleased to issue:-
(a) A Writ of Certiorari calling for the records of the case for perusal;
(b) A Writ of certiorari quashing the action of the Respondent No.1 and 2 in not releasing the full monthly salary to the Petitioners since April 2020 till Feb 2021, being illegal, arbitrary, discriminatory, unjust, unwarranted, without jurisdiction and in violation of the Rules, Regulations and the Act and the Principles of Equity, Justice and Good Conscience;
(c) A Writ of mandamus directing the Respondent Nos. 1 and 2 to forthwith release all arrears of salary to the Petitioner i.e. due since April 2020 till February 2021 and also pay deputation allowance of Rs.5,000/- p.m. for the period ranging from April 2020 to July 2021.
(d) A Writ of mandamus directing the Respondent Nos. 1 and 2 to release the arrear amount after annual increment of July 2020 for the period ranging from July 2020 Feb 2021.Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:29.03.2022 11:17:21
(e) A Writ of mandamus directing the Respondent Nos. 1 and 2 to fix annual increment of the Petitioner w.e.f. July 2021 and make payment of the enhanced monthly salary amount to the Petitioner along with interest accrued thereupon.
(f) A writ of mandamus directing the respondent no. 1 and 2 to re-fix the salary of the petitioner as per 7th Pay Commission recommendation and thereafter calculate and pay the arrears resulting therefrom w.e.f. 01.01.2016 till the date of superannuation of the Petitioner on 29.10.2021.
(g) A writ of mandamus directing the respondent no. 1 and 2 to release the retirement benefits along with interest as accrued thereupon.
(h) A writ of mandamus commanding the Respondents to pay the costs of this Petition to the Petitioner.
(i) Any other writ, order or direction, which may be deemed fit and proper in the facts and circumstances of the case and in the interest of justice."
2. It is the submission of Mr.R.K. Saini, learned counsel for the petitioner that the petitioner has retired on October 29, 2021. The petitioner has not been paid complete salary from February 2020 to February 2021. According to him, only 60% of the salary was paid to the petitioner. He also claims the benefits under the 7th CPC. He has also drawn my attention to the application filed by the petitioner being CM 14762/2022 for grant of benefit of ₹2,50,000/-
3. Mr. Abinash Kr. Mishra states that the petitioner shall also be paid ₹2,50,000/- within a period of three weeks and further ₹5,00,000/- shall be paid within a period of four weeks thereafter. He fairly concedes that though the judgment dated November 16, 2021 has been challenged before the Division Bench, but the same has not been stayed. The relevant paragraphs of the judgment dated November 16, 2021 read as under:
"25. Accordingly, these writ petitions need to be allowed and Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:29.03.2022 11:17:21 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 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 6th 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 6 th 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 Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:29.03.2022 11:17:21 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 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. The petitioner shall also be entitled to the benefit of the 7 th CPC. Further retiral benefits shall also be fixed and released to the petitioner, who Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:29.03.2022 11:17:21 has retired from service, within six months from today subject to adjustment. The re-fixation of the pay and arrears shall be paid / made within a period of six months from today subject to the adjustment of the salary already paid.
5. The petitioner shall also be entitled to the difference of salary from period February 2020 to February 2021, the same shall be paid within six months from today.
6. 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. The amount of ₹2,50,000/- shall be paid within a period of three weeks and further ₹5,00,000/- shall be paid within a period of four weeks thereafter. It is made clear, if the amounts are not paid within six months, the amounts shall be paid @ 9% per annum.
7. With the above, the petition is disposed of.
CM APPL. 14762/2022Dismissed as infructuous.
V. KAMESWAR RAO, J MARCH 25, 2022/aky Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:29.03.2022 11:17:21