Parminder Singh v. Directorate of Education and Ors.
Delhi High Court·28 Feb 2023·2023:DHC:1737
Jyoti Singh
W.P.(C) 2521/2023
2023:DHC:1737
laborpetition_allowedSignificant
AI Summary
The Delhi High Court held that employees of unaided minority schools are entitled to salary fixation and arrears under the 6th and 7th CPC along with terminal benefits, directing payment with interest as per the Shikha Sharma precedent.
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Neutral Citation Number: 2023/DHC/001737
W.P.(C) 2521/2023 HIGH COURT OF DELHI Date of Decision: 28th February, 2023
DIRECTORATE OF EDUCATION AND ORS. ..... Respondents Through: Ms. Shyamali Panda, Advocate for Mr. Naushad Ahmed Khan, Advocate for R-1. Mr. Mohit Kumar Sharma, Advocate for R-2 and R-3.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
JUDGMENT
JYOTI SINGH, J.
(ORAL)
CM APPL. 9642/2023 (Exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
3. Present writ petition has been filed seeking the following reliefs:- “a) Issue a writ of mandamus, order or direction, directing the Respondent No. 2 & 3 to release the terminal benefits to the Petitioner which includes gratuity as per revised norms, leave encashment, TA/DA arrears, along with interest till realization; b) Issue a writ of mandamus, order or direction, directing the Respondent No. 2 & 3 to implement the judgment and order dated 14 16.11.2021 passed by this Hon’ble Court in batch of Writ Petitions titled Shikha Sharma’s case, on the Petitioner as well; c) Issue a writ of mandamus, order or direction, directing the Respondent No.1 to prepare due and drawn statement of the Petitioner with respect to all her arrears including terminal benefits, gratuity, leave encashment, 6th and 7th Pay Commission arrears, TA/DA, etc.”
4. Petitioner was appointed on the post of Attendant on 01.12.2003 with Guru Harkrishan Public School (hereinafter referred to as ‘School’) and is a specially abled person. On 01.06.2005, Petitioner was appointed as a Clerk on probation and his services were confirmed on 01.12.2005.
5. According to the Petitioner, no promotion was granted to the Petitioner thereafter and he was also deprived of the financial upgradation under the 1st MACP. The grievance also relates to nonpayment of balance 40% salary for the period April, 2020 to February,
2021.
6. Petitioner states that he has submitted his resignation on 11.07.2022 on account of personal circumstances and the resignation was accepted on 09.08.2022 w.e.f. 05.08.2022.
7. The grievance of the Petitioner in the present writ petition relates to non-fixation of his salary and allowances under the 6th and 7th CPC, non-grant of terminal benefits as well as payment of balance salary for the period aforementioned. Reliance is placed by the Petitioner on the judgment of this Court in Shikha Sharma v. Guru Harkrishan Public School & Ors, 2021 SCC OnLine Del 5011 and it is urged that the said judgment covers the case of the Petitioner on all scores.
8. Issue notice.
9. Counsels, as above, accept notice on behalf of the Respondents.
10. Learned counsel appearing for Respondent No. 1/DOE supports the case of the Petitioner while learned counsel appearing for the School is unable to dispute that the reliefs sought in the present writ petition are squarely covered by the judgment in Shikha Sharma (supra).
11. Having heard the learned counsels for the parties, this Court finds merit in the contention of the Petitioner that the reliefs sought in the present writ petition 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
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.
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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. 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.”
12. Accordingly, the writ petition is allowed, directing the School to refix the salary and other emoluments of the Petitioner by granting pay revisions under the 6th and 7th CPC and release the arrears thereof including balance of 40 % salary wherever and for the period for which it is due. The arrears of 6th CPC shall be paid with interest @ 6% per annum while the arrears of 7th CPC shall not carry any interest. The entire exercise of fixation of pay and payment of arrears/release of balance salary/allowances shall be completed within a period of six months from today. On failure to pay the amounts within six months as directed above, Petitioner shall be entitled to interest at the rate of 9% per annum on the arrears of both 6th and 7th CPC.
13. It is further directed that all retiral/terminal benefits shall be released to the Petitioner within six months from today after taking into account the pay revisions under the 6th and 7th CPC. As an immediate relief, an amount of Rs.5,00,000/- shall be released to the Petitioner within one month, subject to adjustment when the complete payments are made. Failure to release the retiral/terminal benefits, within six months, will entail payment of interest at the rate of 9% per annum from the date the benefits became due till actual payments. Insofar as Gratuity is concerned, the same shall be released to the Petitioner, subject to the statutory ceiling limit under the Payment of Gratuity Act, 1972, as amended, in accordance with law.
14. On the issue of TA and DA, the Court in Shikha Sharma (supra) passed the following directions:
“31. On the issue of grant of transport allowance/dearness allowance, the DoE in consultation of the GHPS in which petitioners, who sought such relief are working shall pass order, by considering the orders in the cases being CONT. CAS.(C) 46/2016 dated January 09, 2017 and in W.P.(C) 2132/2011 dated March 06, 2013 and instructions, if any, and convey the decision to those petitioners, within 10 weeks from today. Similarly, the claim of some petitioners for MACP in W.P.(C) 6407/2018, W.P.(C) 11152/2019 and W.P.(C) 12006/2019 shall be decided by the DoE in consultation with the GHPS in which the petitioners, who sought such relief are employed and convey the same to those petitioners, within 10 weeks from today. If the benefits are payable, the same shall be released to the petitioners within six months thereafter.”
15. The School is directed to take a decision with respect to TA/DA in accordance with the aforesaid directions, within ten weeks from today. Respondent No.1/DOE is directed to draw out a calculation of the arrears towards salary/terminal benefits due to the Petitioner and the due and drawn statement shall be furnished to them within a period of eight weeks from today.
16. Writ petition stands disposed of in the aforesaid terms.
JYOTI SINGH, J FEBRUARY 28, 2023
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