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HIGH COURT OF DELHI
Date of Decision: 28.07.2026
SWARAN KUMARI .....Petitioner
Through: Mr. Tarveen Singh Nanda, Advocate (DHCLSC) with Mr. Gaurav Aggarwal, Advocates along with Petitioner in person.
Through: Mr. Raghvendra Upadhyay, Panel Counsel, GNCTD with
Ms. Purnima Jain, Ms. Shivpa Taneja and Mr. Madhur, Advocates for DoE.
NIDHI SURI .....Petitioner
SUSHMA KAMRA .....Petitioner
INDU BALA .....Petitioner
POONAM KHERA & ORS .....Petitioners
Through: Mr. Rajesh Mehendru, Advocate for P-1 to P-10.
Mr. Ankit Attree, Advocate for P-11 to P-16.
Through: Mr. Yeeshu Jain, ASC along with Ms. Jyoti Tyagi and Mr. Shubham Tanwar, Advocates for R-2 and R-3.
JUDGMENT
1. The petitions, being CONT.CAS(C) 418/2016, CONT.CAS(C) 419/2016, CONT.CAS(C) 421/2016 and CONT.CAS(C) 422/2016, have been filed under Article 215 of the Constitution of India, 1950[1] read with Sections 2 and 12 of the Contempt of Courts Act, 1971, seeking initiation of contempt proceedings against the Respondents/Contemnors for non-compliance of Order dated 08.01.2016 to pay statutory dues in terms of the implementation of the 5th and 6th Pay Commission as granted to the Petitioners in other writ petitions seeking parity thereof.
2. The petition, being W.P.(C) 12155/2019, has been filed under Article 226 of the Constitution, seeking the following reliefs: “a. Issue appropriate writ and hold that the petitioners are entitled to the arrears of salary as per 5th and 6th pay commission from the respondent No.l school as granted to petitioners in W.P.(C) No.5668/2012, W.P.(C) No.5664/2012, W.P.(C) No.5677/2012 and W.P.(C) No.5668/2013. b. Issue appropriate writ and hold that the petitioners are entitled to seek, equal distribution of the amount available with the respondent No.l school alongwith other employees as all the employees of the school are entitled in the interest of justice. c. Issue appropriate writ and direct the respondent No.l school to equally distribute the amount of Rs.39,90,918/- or any other amount available with the respondent No.l school to the petitioners as being paid to the other employees and give appropriate directions to the respondent No.l school not to discriminate petitioners while distributing the funds available with them to the other employees/teachers of the school in the interest of justice. d. Pass any other writ or give any other direction which this Hon'ble Court deems fit in the facts and the circumstances of the case.”
3. Perusal of record indicates that the Respondent No. 1-School was de-recognized on 30.03.2015 and has been non-operational since then. It is noted that various contempt petitions came to be filed against the Respondent No. 1-School since directions passed in the various writ petitions had not been complied with.
4. It is given this conspectus of facts, and in order to ensure that some benefit would percolate down to the various Petitioners who are before this Court, that this Court vide Order dated 20.05.2024 passed a direction to the Department of Education[2] to take an appropriate decision as regards the claim of the Petitioners pertaining to disbursal of money lying in the accounts of the de-recognized School and for disbursal of the same to the teachers/employees of the School.
5. The DoE has, in compliance of the directions passed by this Court, by way of an affidavit dated 05.01.2026, tabulated the names of the various people who were either teachers or employees of the School. They have, on the basis of the outstanding amounts, as claimed by the various teachers/employees, suggested that the amounts be released to each of the said teachers/employees who are the Petitioners herein on a pro rata basis. DoE has calculated the same and tabulated it at Paragraph 16 of the said affidavit. The same is reproduced as follows:
6. This Court is of the view that suggestion and solution as has been proposed by the DoE is fair and that the amounts as tabulated may be released in the manner as set out in the table set out hereinabove.
7. In order for the said amounts to be disbursed, this Court directs that the Banks, as set out in Paragraph 8 of the Order dated 23.10.2024, permit the accounts as mentioned therein to be operated by the DoE and the amounts as set out in the Paragraph 16 of the affidavit filed by the DoE be disbursed by the DoE to the 22 persons mentioned therein within a period of eight (8) weeks for today.
8. Let intimation of this Order be communicated by the DoE to the respective Branch Managers of the aforenoted Banks for compliance within a period of two (2) weeks from today.
9. The respective Branch Managers of the said Banks are directed to co-operate with the DoE in carrying out this exercise of disbursal of the amounts.
10. Accordingly, this Court is of the considered view that no further orders are required to be passed in the present Petitions.
11. The present Petitions, along with pending Application(s), stand disposed of in the above terms.
12. A photocopy of this Order be kept in the connected matters.
HARISH VAIDYANATHAN SHANKAR, J. JULY 28, 2026/tk/va