Point of Law: Teachers - Teachers cannot be left on a wing and a prayer. They must be released their rightful dues without any further delay. As they are being made to discharge COVID-19 duties at the instance of the Delhi Government, they can be well equated with COVID-19 warriors.

JUDGMENT :

V. KAMESWAR RAO, J.

CM No. 19959/2020 (under Section 151 CPC on behalf of petitioners for filing additional documents)

For the reasons stated in the application, the same is allowed. The additional documents are taken on record. Application is disposed of.

CM Nos. 12658/2020 & 17188/2020 (under Order 1 Rule 10 CPC r/w Section 151 CPC for impleament)

These are applications filed by applicants for impleadment as petitioners.

In view of the order dated January 12, 2021 in similar applications these applications are dismissed with liberty to the applicants to file substantive petitions.

W.P.(C) 1335/2019

1. This petition has been filed with the following prayers:

“It is therefore prayed in the interest of justice that the Hon’ble Court may kindly be pleased to issue appropriate, writs in favour of the petitioners thereby;

i. directing the Respondent No.1 and 2 to pay/implement 7th pay commission, pay scale and all consequential benefits thereof monetary as well as non monetary such as pay revision, re-fixation of higher pay scale, assured career progression (ACP), all applicable allowances thereof, all arrears w.e.f. 01.01.2016 alongwith interest thereupon from 01.01.2016 @18% p.a. w.e.f. 01.01.2016 till the date of actual payment to the petitioners;

ii. Direct the Respondent No.3 to ensure full implementation of 7th Pay Commission by the Respondent No.1 and 2 qua the petitioners and grant them pay scale and all consequential benefits thereof monetary as well as non monetary such as pay revision, re-fixation of pay scale, assured career progression (ACP), all applicable allowances thereof, arrears w.e.f. 01.01.2016 alongwith interest thereupon @18% p.a. w.e.f. 01.01.2016 till the date of actual payment to the petitioners. Direct the respondents to strictly comply with applicable provision of DSE Act and Rules and its own circulars/notifications and office orders issued with regard to compliance of Pay Commission recommendations;

iii. Costs and litigation expenses throughout may also kindly be allowed and the respondents may kindly be directed to pay the same to the petitioner;

iv. Any other and further order (s) and direction(s) as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case be passed in favour of the petitioner and against the respondent.”

2. This writ petition was listed on August 25, 2021 when I heard the learned counsel for the parties and directed the listing of the same for orders on September 08, 2021.

3. On September 08, 2021, this Court passed the following order:-

“This petition was heard by this Court on August 25, 2021 and directed listing of the same for orders, today. On September 06, 2021, Mr. Vedanta Varma, learned counsel for respondent Nos. 1 and 2, had mentioned the matter at 10:30 am stating that the respondent Nos. 1 and 2 have filed a separate writ petition which had come up before a co-ordinate Bench of this Court wherein the challenge is to the order passed by the Directorate of Education directing the respondent Nos. 1 and 2 to pay the benefits of 7th CPC to its employees. Mr.Varma stated status quo order has been passed by the co-ordinate Bench with regard to the enhancement of fee. It also directed no coercive action shall be taken by the respondent Nos. 1 and 2 – School.

In view of the mentioning, I directed him to place on record the order passed by the co-ordinate Bench of this Court. The same has been filed. The Registry was also directed to list the matter under the heading ‘direction’ and not ‘for orders’.

In view of the above, the order has not been pronounced.

Mr.Varma is directed to file on record the copy of the petition, filed by the respondent Nos. 1 and 2 before the co-ordinate Bench of this Court, within one week from today with a copy to Mr.Rakesh Kumar.

Court notice shall be issued to the Directorate of Education and its counsel returnable on the date fixed

Accordingly, list the writ petition on September 16, 2021.”

4. The above makes it clear that Mr.