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Harjeet Kaur & Ors vs Directorate Of Education & Ors on 18 September, 2023

Author: Chandra Dhari Singh

Bench: Chandra Dhari Singh

                           $~138
                           *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                           +         W.P.(C) 12215/2023

                                     HARJEET KAUR & ORS.                                                             ..... Petitioner
                                                  Through:                                         Mr.J.S.Bedi and Mr.Amanpreet
                                                                                                   Singh Bhalla, Advocates

                                                                           versus

                                     DIRECTORATE OF EDUCATION & ORS.       ..... Respondents
                                                  Through: Ms.Latika Choudhury, Advocate

                                     CORAM:
                                     HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
                                               ORDER

% 18.09.2023 CM APPL. No.47999/2023 Exemption allowed, subject to all just exceptions. The application stands disposed of.

1. The petitioner vide the present under Article 226 of the Constituion of India seeks the following prayers:

"a) Issue a writ of mandamus, order or direction, directing the Respondent No.1 to calculate arrears towards salary (due and drawn statement) from 2006 to till date/retirement and to calculate TA, DA, 6CPC & 7CPC Arrears Gratuity and leave encashment.

b) Issue a writ of mandamus, order or direction, directing the Respondent No. 2 to 7 to release the terminal benefits to the Petitioner which includes gratuity as per caping of Rs. 20 Lakhs, leave encashment, arrears towards 6th Pay Commission, Arrears of DA and TA from 2014 till retirement, This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/09/2023 at 22:01:14 Implementation and release arrears towards 7th Pay Commission with interest;

c) Issue a writ a mandamus, order or direction, direct the respondent No 2 to 7 to release pending 40% salary to petitioner from Jan, 2020 to Feb 2021with Interest of 9% per annum till the date of release of arrears of pending salary.

d) Issue a writ a mandamus, pass similar Judgment W.P. (C) 3746/2020 and connected matters titled as Shikha Sharma V/s GHPS & Ors "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."

e) 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."

2. Heard the learned counsel appearing on behalf of the petitioner.

3. Issue notice. Ms.Latika Choudhury, Advocate accepts notice.

4. List on 26th September, 2023.

CHANDRA DHARI SINGH, J SEPTEMBER 18, 2023 SV/AV Click here to check corrigendum, if any This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/09/2023 at 22:01:14