Shikha Sharma vs Guru Harkrishan Public School

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 1458

IN THE HIGH COURT OF DELHI AT NEW DELHI
V. Kameswar Rao, J.
Shikha Sharma & Ors. - Appellants
Versus
Guru Harkrishan Public School & Ors. - Respondents
Civil Writ Petition No. 6407, 7105, 11783, 11801, 11819, 12484, 13997 of 2018, 5488, 5513, 5834, 11151, 11152, 11236, 11594, 12006, 12007, 12039, 13592, 13776 of 2019, 1521, 3595, 3703, 3746, 5785, 8967, 23747, 25629, 27703, 27224 of 2020, 332, 777, 1756, 1898, 4735, 6836, 8842, 9706, 9721, 10514, 10678, 10679, 10713, 10758, 10929, 11019, 11025, 11030 of 2021, Civil Miscellaneous No. 45932, 46274 of 2019, 6738 of 2020, 875, 876, 1974, 2539, 4106, 5502, 7545, 8059, 14604, 23397, 27415, 27421, 27509, 27510, 28325, 28326, 30018, 31821, 31826, 32023, 32146, 32378, 32439, 33688, 33884, 33885, 33651, 33655, 33872, 33883, 33886, 33887, 33890, 33891, 33892, 33960, 33990, 33997, 34012, 34082, 34051 of 2021
Decided On : 16-11-2021

Advocates appeared:
Mangesh Naik, Advocate, Abhishek Aggarwal, Advocate, Parminder Singh Goindi, Advocate, Nikhilesh Kumar, Advocate, Abhishek Kr. Dev, Advocate, Atul Kumar, Advocate, Abhimanyu Sharma, Advocate, R.K. Saini, Advocate, Ankit Singh, Advocate, Chetan Anand, Advocate, Akash Srivastava, Advocate, Kartik Malhotra, Advocate, Avnish Ahlawat, Advocate, Tania Ahlawat, Advocate, Nitesh Kumar Singh, Advocate, Palak Rohemetra, Advocate, Ms.Vibha Mahajan Seth, Advocate, V. Balaji, Advocate, Panel Adv., Advocate, Ms. Neha Singh, Advocate, Ruchira Gupta, Advocate, Akanksha Sisodia, Advocate, Mini Pushkarna, Advocate, Khushboo Nahar, Advocate, Latika Malhotra, Advocate, Rizwan, Advocate, Latika Chaudhary, Advocate, Yeeshu Jain, Advocate, Jyoti Tyagi, Advocate, Naushad Ahmad Khan, Advocate, Zahid, Advocate, Manish Chauhan, Advocate, Gaurav Dhingra, Advocate, Ms. Shobhana Oberoi, Advocate, Santosh Kumar Tripathi, Advocate, Arun Panwar, Advocate, Siddharth Krishna Dwivedi, Advocate, Zoheb Hossain, Advocate, Vivek Gurnani, Advocate, Jaswinder Singh, Advocate, Niraj Kumar, Advocate, Manish Mohan, Advocate, Manisha Saroha, Advocate, Abinash Kumar Mishra, Advocate

Headnote:(A) Delhi School Education Act, 1973 - Section 10 - Central Pay Commission Recommendations - Employees of unaided minority schools entitled to salary and benefits as per the recommendations of the 6th and 7th Central Pay Commissions (CPC) as stipulated by the Act - Applicants include teaching and non-teaching staff of various branches of a school that has not implemented these benefits, leading to legal action for their entitlement and arrears. (Paras 1-26)

(B) Rights of Employees - The court determined that financial hardship cannot justify non-compliance with statutory obligations regarding employee salaries in educational institutions. (Paras 18-24)

(C) Legal Obligations - Respondents, while having claimed inability to pay due to financial issues, remain obliged to adhere to the pay scales prescribed by law for their employees irrespective of their operational capabilities. (Paras 18-24)

Table of Content
1. facts of the case regarding writ petitions. (Para 1)
2. petitioners seek implementation of pay commission recommendations. (Para 2 , 3 , 5)
3. arguments regarding statutory obligations of respondents. (Para 4 , 6 , 9 , 11)
4. claims for arrears and additional benefits outlined. (Para 10 , 12 , 17)
5. discussion on the applicability of the dse act. (Para 14 , 15 , 16)
6. determining eligibility for benefits under the 6th and 7th cpc. (Para 18 , 19)
7. court directs financial compliance and outlines penalties. (Para 22 , 24)
8. conclusion and orders for implementation of court's directions. (Para 25 , 28)

JUDGMENT

V. Kameswar Rao, J. - CM No. 33885/2021 in W.P.(C) 13997/2018 CM Nos. 28326/2021 & 28327/2021 in W.P.(C) 11151/2019 CM No. 33887/2021 in W.P.(C) 11594/2019

CM No. 33892/2021 in W.P.(C) 12006/2019 CM No. 875/2021 in W.P.(C) 332/2021 CM No. 27509/2021 in W.P.(C) 8842/2021

Exemption allowed subject to all just exceptions.

Applications are disposed of.

CM No. 33884/2021 in W.P.(C) 13997/2018 CM No. 33651/2021 in W.P.(C) 5488/2019 CM No. 28325/2021 in W.P.(C) 11151/2019 CM No. 27415/2021 in W.P.(C) 11152/2019 CM No. 33886/2021 in W.P.(C) 11594/2019 CM No. 33891/2021 in W.P.(C) 12007/2019 CM No. 33883/2021 in W.P.(C) 12039/2019 CM No. 4106/2021 in W.P.(C) 8967/2020 CM No. 22890/2021 in W.P.(C) 5513/2019 CM No. 27421/2021 in W.P.(C) 11819/2018

These applications are for early hearing of the respective writ petitions. The writ petitions have been heard and reserved for judgment. These applications are disposed of as having been allowed.

CM No. 6738/2020 in W.P.(C) 11236/2019

This application has been filed by the respondent seeking extension of time for filing the counter-affidavit by four weeks. It is seen from the record that counter-affidavit has not been filed. Since, I have heard the parties finally, this application is dismissed as infructuous.

W.P.(C) 6407/2018, W.P.(C) 7105/2018, W.P.(C) 12484/2018, W.P.(C) 13997/2018, W.P.(C) 5488/2019, W.P.(C) 5834/2019, W.P.(C) 11151/2019, W.P.(C) 11152/2019, W.P.(C) 11236/2019, W.P.(C) 11594/2019, W.P.(C) 12006/2019, W.P.(C) 12007/2019, W.P.(C) 12039/2019, W.P.(C) 1521/2020, W.P.(C) 3595/2020, W.P.(C) 3703/2020, W.P.(C) 3746/2020, W.P.(C) 5785/2020, W.P.(C) 8967/2020, W.P.(C) 777/2021, W.P.(C) 332/2021, W.P.(C) 1756/2021, W.P.(C) 1898/2021, W.P.(C) 4735/2021, W.P.(C) 6836/2021, W.P.(C) 8842/2021, W.P.(C) 9706/2021, W.P.(C) 9721/2021, W.P.(C) 10514/2021, W.P.(C) 10678/2021, W.P.(C) 10679/2021, W.P.(C) 10713/2021, W.P.(C) 10758/2021, W.P.(C) 10929/2021, W.P.(C) 11019/2021, W.P.(C) 11025/2021, W.P.(C) 11030/2021 & W.P.(C) 5513/2019

1. This batch of writ petitions have been filed by the Teachers of Guru Harkrishan Public Schools and also the Association being Guru Harkishan Public School Staff Welfare Association against the Directorate of Education and the Delhi Sikh Gurudwara Management Committee (DSGMC, for short) / Guru Harkrishan Public School, New Delhi (GHPS, for short) seeking benefits of the 6th Central Pay Commission (6th CPC, for short) along with the arrears, benefits under the 7th Central Pay Commission (7th CPC, for short) and arrears, and retiral benefits such as gratuity, leave encashment along with interest and costs. Some of the petitioners have also sought dearness allowance, transport allowance, benefits of 2nd MACP, 3rd MACP and retiral benefits. Since the grievance of the Teachers in these petitions is similar/ identical, I deem it appropriate to decide them through this combined judgment / order. For the sake of convenience, I have culled out the facts from writ petition No.3746/2020 for the purpose of deciding the issues arising from these petitions.

2. This petition has been filed by the petitioner with the following prayers:-

"In the light of the above-mentioned facts and circumstances, it is respectfully prayed that this Honble Court may be pleased to:

i) Issue a