Delhi High Court - Orders
Rambir Singh Malik & Ors vs Greenfields Public School & Anr on 6 September, 2022
Author: Sachin Datta
Bench: Sachin Datta
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 841/2021 & CM APPL 16494/22
RAMBIR SINGH MALIK & ORS. ..... Petitioners
Through: Mr. Anmol Panwar, Advocate.
versus
GREENFIELDS PUBLIC SCHOOL & ANR. ..... Respondents
Through: Ms. Komal Gupta, Mr. Sparsh
Agarwal, Ms. Sonakshi and Mr. Yash
Yadav, Advocates for R-1.
Mr. Sujeet Kumar Mishra and Ms.
Sonam Chauhan, Advocate for R-2.
Ms. Avnish Ahlawat, Standing
Counsel for GNCTD with Mr. N.K.
Singh, Mr. Uday Singh Ahlawat, Ms.
Tania Ahlawat and Ms. Aliza Alam,
Advocates.
Dr. Yadram, Xone VI/DOE in person.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 06.09.2022
1. The present petition alleges wilful disobedience of the directions contained in the judgment dated 27.07.2021 passed by this Court in W.P.(C) 9486/2020. The operative directions therein, referred to by learned counsel for the petitioner, are as under:-
"9. In view of my above discussion, the writ petition is allowed on the following terms:
(i) Henceforth, the salary w.e.f. July, 2021 shall be paid to the petitioners without any deduction/reduced salary;
(ii) Insofar as the arrears of salary from December, 2020 till June, Signature Not Verified Digitally Signed By:ANU KAPOOR Signing Date:12.09.2022 17:03:31 2021 are concerned, the same shall be released to the petitioner within a period of eight weeks from today without interest. Any delay thereafter shall entail an interest of 7% per annum."
2. It transpires that the respondents have paid to the petitioners the requisite salary in terms of the aforesaid directions, however, the contention of learned counsel for the petitioners is that there is a deficit as far as Travelling Allowance payable to the petitioners is concerned.
3. Learned counsel for respondent no. 1 submits that the aforesaid directions do not contain any reference to Travelling Allowance. He reiterates his contention, as also recorded on the last date of hearing, that during the Covid-19 period all the teachers of the concerned school were entitled to Travelling Allowance only for the days during which they came to school. On the last date of hearing, the respondent no. 1 was also directed to file an affidavit indicating the manner in which Travelling Allowance has been computed in the case of the petitioners and other similarly situated teachers of the respondent no.1 school. In compliance of the said directions, an affidavit has been filed on behalf of the respondent no.1 school wherein it is stated as under:-
"1. That I am the Manager of the Respondent No. 1 School in the above noted case. I have gone through the Order dated 23.8.2022, passed by this Hon'ble Court. I am fully aware of the facts & circumstances of the case and have gone through the records of the School, pertinent to the direction issued by this Hon'ble Court, vide its Order dated 23.08.2022.
2. All the teachers, during the Covid period, were given Travelling Allowance, only for the days/period that they Signature Not Verified Digitally Signed By:ANU KAPOOR Signing Date:12.09.2022 17:03:31 physically attended the School. The Petitioners also have been paid accordingly and there has been no discrimination with the Petitioners in this regard. It may also be noted that there is no such plea of discriminate at all contained in the entire Contempt Petition. I further submit that no such direction to pay Travelling Allowance was ever passed by this Hon'ble Court, in its judgment dated 27.7.2021."
4. Learned counsel for the petitioners strenuously contends that the petitioners are entitled to Travelling Allowance, and relies upon certain orders passed by Co-ordinate Benches of this Court in different proceedings.
5. Since the judgment dated 29.07.2021 does not contain any specific direction with respect to payment of travelling allowance, there cannot be said to be any wilful disobedience on the part of the respondents.
6. However, since the petitioners have a grievance as regards Travelling Allowance, liberty is granted to the petitioners to take recourse to appropriate legal remedies with regard thereto.
7. With the aforesaid liberty, the present petition is dismissed.
SACHIN DATTA, J SEPTEMBER 6, 2022/AK Signature Not Verified Digitally Signed By:ANU KAPOOR Signing Date:12.09.2022 17:03:31