Document Fragment View

Matching Fragments

c) Issue a writ a mandamus, order or direction, direct the respondent No 2 to 4 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 Rs.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."
(ii) The Centralised Fee Account was created by the DSGMC which has now been discontinued. Since the discontinuation of the said account, the GHPS Society has no control over the financial issues of GHPS and it is for the individual Schools to maintain to their own funds and income.
(iii) The voluntary filing of affidavits and undertakings by the DSGMC to state that they are willing to help the Schools and as such this cannot be treated as a Statutory liability or obligation for payment of the 6th and 7th CPC benefits and therefore no directions can be passed for directing voluntary actions of the DSGMC.
(iv) The GHPS are charging fees based on the 6th CPC scales and the fee structure gets regularly approved by the DoE, due to this the fee has not been charged on the basis of 7th CPC report.
(v) Until the GHPS comes with a scheme to recover the fee from 2016 onwards with the approval of DoE, till then no direction should be passed against the DSGMC/GHPS Society/GHPS.

29. Accordingly, these writ petitions need to be allowed and 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 6th and 7th CPC, upto the date of payment subject to adjustment of salary already paid.