Kawaljeet Kaur v. Directorate of Education & Ors.

1. Exemption allowed, subject to all just exceptions.

2. Application stands disposed of. W.P.(C) 10600/2024 and W.P.(C) 5556/2024 and CM APPL. 22911/2024

3. Present writ petitions have been filed under Article 226 of the Constitution of India on behalf of the Petitioners seeking the following reliefs: W.P.(C) 10600/2024 “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 4 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, 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 4 to release pending 40% salary to petitioner from Jan, 2020 to Feb 2021 with 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.” W.P.(C) 5556/2024 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 4 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, 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 4 to release pending 40% salary to petitioner from Jan, 2020 to Feb 2021 with 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.”

4. Issue notice in W.P. (C) 10600/2024.

5. Mr. Gaurav Dhingra, learned counsel accepts notice on behalf of Respondent No.1/DOE.

6. Mr. Abinash Kumar Mishra, learned counsel accepts notice on behalf of Respondents No.2 to 4.

7. Petitioners are retired employees of Guru Harkrishan Public School (hereinafter referred to as the ‘School’) and the grievances ventilated in the present writ petitions pertain to non-payment of arrears of salaries and allowances including retiral benefits on account of pay revisions under 6th and 7th CPC along with Transport Allowance (‘TA’) and Dearness Allowance (‘DA’) as well as release of the arrears of 40% of balance salary for the period, i.e. from January, 2020 to February, 2021 with interest @ 9% per annum. It is the case of the Petitioners that it is the statutory obligation of the School to implement the recommendations of 6th and 7th CPC in entirety and despite the directions of this Court in several writ petitions as well as circulars issued from time to time by Directorate of Education (‘DoE’) in this behalf, the School has failed to act.

8. Learned counsel for the Petitioners urges that the case of the Petitioners is squarely covered by the judgment of this Court in Shikha Sharma v. Guru Harkrishan Public School and Others, 2021 SCC OnLine Del 5011 and directions be issued to the School to release the pending arrears of pay revisions under 6th and 7th CPC along with TA, DA and retiral benefits as well as 40% of the balance salaries.

9. Mr. Mishra, learned counsel representing the School is unable to dispute that the case of the Petitioners is covered on all four corners by the judgment of this Court in Shikha Sharma (supra) and/or it is the obligation of the School to revise the pay of the Petitioners in consonance with the recommendations of the Pay Commissions. Counsel for DoE supports the case of the Petitioners and submits that DoE has issued several circulars from time to time directing the Schools to follow the mandate of law and abide by the recommendations of the 6th and 7th CPC and the claims of the Petitioners are justified and covered by the judgment in Shikha Sharma (supra).

10. Having heard the learned counsels for the parties, this Court finds merit in the contention of the Petitioners that the reliefs sought in the present writ petitions are covered by the judgment in Shikha Sharma (supra), relevant passages from which are as follows: “26. So, it is clear that the pay and allowances of the employees of unaided minority Schools cannot be less than those of the employees of the Government run Schools. There is no dispute that the benefits of 6th and 7th CPC have been given to the employees of the Government run Schools. If that be so, the employees of the unaided minority Schools are also entitled to get the benefits of the recommendations as made by the 6th and 7th CPC reports. So, this plea of Mr. Abinash Kumar Mishra is liable to be rejected. The plea of Mr. Mishra, that till such time the DoE grants approval to the Schools to collect the arrears of fees, the Schools must not be directed to pay the benefits of 7th CPC is concerned, the same is unmerited. The employees are entitled to equal pay and other benefits, by operation of Section 10 of the DSE Act, in other words, by operation of law, the said benefits are payable. The same does not pre-suppose the approval being granted by the Director to the Schools to claim higher fee or arrears thereof. xxx xxx xxx

28. Following the aforesaid judgment, even this Court in the case pertaining to grant of arrears of salary also granted similar reliefs to the petitioners in Shashi Kiran v. Siddharth International Public School, W.P.(C) No. 2734/2021; Rambir Singh Malik v. Greenfields Public School, W.P.(C) 9486/2020; and Inderpreet Kaur v. Directorate of Education, W.P.(C) 4127/2020. This Court in a recent judgment in the case of Amrita Pritam v. S.S. Mota Singh Junior Model School, W.P.(C) 1335/2019 dated September 22, 2021 has granted the benefits of the 7th CPC along with arrears to the petitioners therein. I may state here that an appeal has been preferred against the said judgment being S.S. Mota Singh Junior Model School v. Directorate of Education, Government of NCT of Delhi LPA 399/2021, however, the Division Bench has not stayed operation of the judgment in W.P.(C) 1335/2019 dated September 22, 2021. That apart, I find despite giving an undertaking to this Court and also this Court passing orders from time to time, unfortunately the benefits of the 6th CPC have not been granted. This Court is of the view that, apart from the undertaking given and also in view of the orders passed in the petitions referred to above, the petitioners are entitled to the benefits of the 6th and 7th CPC in law as well.

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.

30. 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. ……... 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.”

11. Accordingly, the writ petitions are allowed, directing the school to release the arrears due and payable to the Petitioners on account of revision of salaries and allowances under 6th CPC as well as the balance of the 40% salaries for the period due within eight weeks from today, with simple interest @ 6% per annum on delayed payments till actual payment. Insofar as revision of salaries and allowances under 7th CPC is concerned, Mr. Mishra apprises the Court that in a batch of contempt petitions pending before the Co-ordinate Bench, an arrangement has been worked out for release of the 7th CPC benefits and case of the Petitioners will be treated at par with the other teachers/employees of the school and action will be taken depending on the outcome of those petitions. The stand of the school is accepted at this stage considering that a Co-ordinate Bench is seized of this controversy and this issue is also stated to be pending before the Division Bench of this Court. On the issue of TA and DA, the Court in Shikha Sharma (supra) passed the following directions: