Virender Kumar v. The Govt of NCT of Delhi

1. The present petition has been filed by the petitioner, who was working on the post of TGT with the respondents No.5 and 6/School from 20.9.1988 till 16.8.2003 and from 1.4.2004 till 24.3.2006, praying inter alia that the respondents No.5 and 6/School be called upon to revise his pay scale and release the arrears of pay to him in terms of the Sixth Pay Commission till the date of termination, alongwith interest and further, to pay him gratuity, travel allowance and bonus etc. from the period of his employment. 2014:DHC:7308

2. Learned counsel for the petitioner states that while releasing the terminal dues to the petitioner, the respondents No.5 and 6/School had miscalculated the Provident Fund and the pension payable to him, which fact was duly pointed out to the School but no remedial steps were taken by it. Thereafter, the petitioner had submitted a representation dated 03.06.2008 to the respondents No.5 and 6/School for release of the gratuity dues, but no action was taken by the School.

3. It is stated that in all these years, the petitioner had repeatedly been visiting the office of the respondents No.5 and 6/School for release of his dues and finally, he had submitted a representation dated 13.3.2013 to the respondents No.1 to 3/DOE, followed by numerous reminders, requesting the Department to initiate action against the School for non-compliance of Section 10 of the Delhi School Education Act and Rules, 1973 (in short ‘DSEAR’).

4. Ms. Raman, learned counsel for the respondents No.1 to 3/DOE, who appears on advance copy, states that the petitioner cannot seek recovery of dues that were allegedly payable to him since the year 1998, when he had admittedly not taken any legal steps in all these years, for recovery of the said amounts from the respondents No.5 and 6/School, in accordance with law.

5. In response, learned counsel for the petitioner states that insofar as the dues towards travel allowance, bonus etc. are concerned, the petitioner may be permitted to confine the monetary relief to the past three years reckoned from the date of filing of the present petition.

6. Counsel for the respondents No.1 to 3/DOE further states that the Department had taken action on receiving representations from the petitioners and in support of the said submission, she draws the attention of the Court to the notice to show cause dated 02.01.2014 issued to the Manager of the respondents No.5 and 6/School, calling upon the School to implement the provisions of Section 10(1) of the DSEAR in respect of one Mr. Praveen Arya, appointed on the post of UDC in the School and the other employees of the School.

7. It is pertinent to note that it is virtually the end of year 2014 by now, but learned counsel for the respondents No.1 to 3/DOE is not in a position to demonstrate that the DOE had taken any concrete measures against the respondents No.5 and 6/School for non-compliance of the notice dated 02.01.2014. This Court is of the opinion that the respondents No.1 to 3/DOE ought to have taken the notice to show cause dated 02.01.2014, to its logical conclusion, more so when an order dated 10.07.2014 was passed by the Public Grievances Commission on the complaint filed by the petitioner in WP(C)No.9183/2014 which is a connected petition, wherein the DOE was requested to conduct an indepth inquiry into the alleged irregularities committed by the respondents No.5 and 6/School and if the allegations were found to be correct, take exemplary action against the school, in accordance with the DSEAR.

8. Counsel for the respondents No.1 to 3/DOE assures the Court that that the Directorate shall take immediate effective measures to ensure that the respondents No.5 and 6/School falls in line and makes necessary compliances as mandated under Section 10 of the DSEAR, within a fixed timeline. She further states that the Court may fix a date for the petitioner to appear before the DOE and/or her nominee and in the meantime, directions shall be issued by the DOE to the respondent No.5 and 6/School for being represented on the said date and time, alongwith a reply and the relevant documents so that appropriate orders can be passed thereafter.

9. In view of the aforesaid submission, the present petition is disposed of with directions issued to the petitioner to prepare a computation of the amounts allegedly due and payable to him by the respondents No.5 and 6/School for the duration of his service rendered in the School under the heads of arrears of Sixth Pay Commission and gratuity. The claims on account of travel allowance and bonus shall be confined by the petitioner for the last three years, reckoned from today. A copy of the computation shall be furnished by the petitioner to the School within two weeks with a copy forwarded to the respondents No.1 to 3/DOE for perusal.

10. Thereafter, the DOE shall call upon the respondents No.5 and 6/School to submit its response to the aforesaid computation within two weeks therefrom with a copy furnished to the petitioner. A date of hearing shall be fixed by the DOE and/or her nominee within four weeks thereafter, when the petitioner and the representative of the School shall be present so that a decision can be taken on the dues claimed by the petitioner to be outstanding.

11. In case the DOE is satisfied that some amounts are due and payable by the respondents No.5 and 6/School to the petitioner, then the same shall be quantified and a timeline shall be fixed for the School to pay the said amounts. If the School absents itself from the hearing, then the respondents No.1 to 3/DOE shall proceed to pass appropriate orders in accordance with law under written intimation to both sides. Respondents No.1 to 3/DOE shall ensure compliance of its orders as per law.

12. Needless to state that if the petitioner or the respondents No.5 and 6/School are aggrieved by the decision that may be taken by the DOE and/or her nominee, they shall be entitled to seek their remedies in accordance with law.

13. As the present petition is being disposed of at the stage of admission and the respondents No.5 and 6/School are not represented, it is deemed appropriate to direct the petitioner to serve a copy of this order on the respondents No.5 and 6/School for information and compliance.