Ved Prakash v. Directorate of Education & Ors.

1. 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 implement the speaking order dated 7.9.2022 passed by the Respondent No.1 and forthwith release the arrears along with interest; b) Issue a writ of mandamus, order or direction, directing the Respondent No. 2 and 3 to release the arrears towards TA in terms of 6th & 7th CPC, arrears towards DA and balance salary of 40% for the period April 2020 to February 2021 along with interest; c) pass such other order or orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.”

2. Petitioner was appointed as DTP Operator on 15.07.1996 and superannuated w.e.f. 31.08.2021. It is the case of the Petitioner that at the time of his retirement, the terminal/retiral benefits were not released to the Petitioner and even the arrears of pay revision under the 6th and 7th Pay Commissions have not been released to him.

3. Petitioner had earlier filed a writ petition being W.P.(C) No.12071/2021 in this Court, which was disposed of vide order dated 26.10.2021, directing Respondent No. 1/Directorate of Education to treat the petition as a representation and dispose of the same. Respondent No. 1 considered the representation and by a speaking order dated 07.09.2022 directed the School/Guru Harkrishan Public School (Respondents No. 2 and 3) herein to clear the arrears of Rs.30,52,104/- within 15 days from the receipt of the order.

4. Pursuant to the order passed by the Directorate, the School issued eight post-dated cheques starting from July, 2022 and ending in February, 2023 for amounts totalling to Rs.15,39,093/-, towards Gratuity and Leave Encashment. Petitioner, thereafter, wrote to Respondent No. 1 pointing out that certain arrears towards TA/DA and 40% salary had not been released. Since the balance amount was not released by the School, Petitioner was compelled to file the present writ petition.

5. Counsel for the Petitioner contends that it is an obligation of the School to release the arrears of the 6th and 7th CPC pay revisions as well as the TA/DA and 40% balance salary for the period April, 2020 to February, 2021. Despite the direction of Respondent No. 1, the School has failed to release the complete amounts to the Petitioner constraining him to resort to litigation. Petitioner is in dire need of money for the marriage expenses of his daughter in the near future.

6. It is also contended that the case of the Petitioner is covered on all four corners by the judgment of this Court in Shikha Sharma v. Guru Harkrishan Public School & Ors, 2021 SCC OnLine Del 5011 and therefore, the arrears be released to the Petitioner along with interest.

7. Having heard the learned counsels for the parties, this Court finds merit in the contention of the Petitioner that the relief sought in the present writ petition is 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.”

8. Additionally, it needs to be noted that pursuant to the order passed by this Court on 26.10.2021 in W.P.(C) 12071/2021, Directorate of Education has considered the representation of the Petitioner directing the School to release an amount of Rs.30,52,104/to the Petitioner relying on the judgment in Shikha Sharma (supra) and Kuttamparampath Sudha Nair v. Managing Committee Sri Sathya Sai Vidya Vihar and Another, 2021 SCC OnLine Del 2511, amongst other judgments. Relevant part of the order is as follows:- “… And whereas, in the light of the provisions of DSEA&R, 1973, circulars/directions issued by DoE and decision of the Hon’ble High Court & Supreme Court referred above, the school and school management are required to implement the recommendations of 7th Pay Commission but the same has not been implemented till date and total amount of Rs.30,52,104/- as calculated by the Account Officer of District South West-A on the basis of the record furnished by the school, is to be payable towards the outstanding dues of the petitioner i.e. Mr. Ved Prakash in W.P.(C) 12071/2021 titled as Mr. Ved Prakash v. Directorate of Education & Ors. Now therefore, keeping in view of the above and in compliance of Order passed by the Hon’ble High Court, Delhi in W.P.(C) 12071/2021 titled as Mr.Ved Prakash Vs. Directorate of Education & Ors., the school i.e. Guru Harkrishan Public School, Vasant Vihar, New Delhi-110057 & the school management i.e. Guru Harkrishan Public School (New Delhi) Society, are hereby directed to clear all the outstanding dues as stated above, and make payment without failure within 15 days of the issuance of this order. Non-Compliance of this Order shall be liable to action under relevant provisions of DSEA&R, 1973. This issues with prior approval of the Competent Authority.”

9. It is the stand of the Petitioner that out of the total amount of Rs.30,52,104/- directed by the Directorate of Education, only an amount of Rs.15,39,093/- has been released towards Gratuity and Leave Encashment. Since the Petitioner has admittedly received Rs.15,39,093/-, in view of the judgments of this Court coupled with the order of the Directorate of Education, aforementioned, this Court holds that the Petitioner is entitled to receive the balance amount of Rs.15,13,011/-.

10. It is accordingly directed that the School shall release a sum of Rs.15,13,011/- to the Petitioner within a period of four weeks from today.

11. Writ petition is allowed and disposed of along with pending application with the aforesaid directions.