Vimmi Randhawa v. Guru Harkrishan Public School and Ors.

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. 1 & 2 to release the terminal benefits to the Petitioner which includes gratuity, as per revised norms, and leave encashment along with interest; b) Issue a writ of mandamus, order or direction, directing the Respondent No. 2 & 3 to implement the judgment and order dated 16.11.2021 passed by this Hon’ble Court in batch of Writ Petitions titled Shikha Sharma’s case, on the Petitioner as well and release arrears towards 6th CPC and 7th CPC along with interest; 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 & 7th Pay Commission arrears, TA/DA, interest, etc.”

4. Petitioner was appointed as Primary Teacher on ad hoc basis with Respondents No. 1 and 2/Guru Harkrishan Public School (hereinafter referred to as ‘School’) on 05.12.1995. Services of the Petitioner were confirmed on 05.03.1997. Petitioner states that she submitted her resignation to the School on 01.08.2022 after giving three months’ notice, on account of health and personal issues, which was accepted by the School on 31.10.2022.

5. The grievance of the Petitioner in the present writ petition is non-payment of balance 40% salary for the period April, 2020 to February, 2021 as well as retiral/terminal benefits. Petitioner sent several representations and reminders to release her outstanding dues but to no avail, compelling the Petitioner to file the present writ petition. 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.

6. Issue notice.

7. Counsels, as above, accept notice on behalf of the Respondents.

8. Learned counsel appearing for Respondent No. 3/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).

9. 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

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. 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.”

10. 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.

11. 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.

12. On the issue of TA and DA, the Court in Shikha Sharma (supra) passed the following directions: