Employees of unaided minority schools are entitled to the benefits of the 6th and 7th CPC recommendations, and the benefits are payable by operation of law.

JUDGMENT

Jyoti Singh, J. (Oral)

C.M. APPL. 904/2023 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

W.P.(C) 241/2023

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 to calculate arrears towards salary (due and drawn statement) from 2006 to till date/retirement and to calculate TA, DA, 6CPC & 7CPC Arrears Gratuity and leave encashment.

b) Issue a writ of mandamus, order or direction, directing the Respondent No. 2 to 4 to release the terminal benefits to the Petitioner which includes gratuity as per caping of Rs.20 Lakhs, leave encashment, arrears towards 6th Pay Commission, Arrears of DA and TA from 2014 till retirement, Implementation and release arrears towards 7th Pay Commission with interest;

c) Issue a writ a mandamus, order or direction, direct the respondent No 2 to 10 to release pending 40% salary to petitioner from Jan, 2020 to Feb 2021 with Interest of 9% per annum till the date of release of arrears of pending salary.

d) Issue a writ a mandamus, pass similar Judgment W.P. (C) 3746/2020 and connected matters titled as Shikha Sharma V/s GHPS & Ors. "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."

e) 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."

4. Petitioners in the writ petition are serving/retired employees with Respondents No. 3 and 4/Guru Harkrishan Public School (hereinafter referred to as the `School'). It is the case of the Petitioners that Respondent No. 1/Directorate of Education (DOE) had issued a Circular dated 11.02.2009, directing all schools to implement 6th CPC recommendations. When the School failed to implement the said directions, several teaching and non-teaching employees filed a writ petition in this Court being W.P.(C) No. 2132/2011, which was allowed on 06.03.2013, directing the School to pay the arrears of 6th CPC within three months along with interest @ 6% per annum. An Execution First Appeal being EFA (OS) No. 7/2014 was filed before the Division Bench for compliance of the order dated 06.03.2013 and an undertaking was furnished on behalf of the School to clear all arrears of the 6th CPC. Several contempt applications were also filed and vide order dated 09.01.2017, Respondents were directed to make payments with interest, within two weeks, in accordance with the directions in the order dated 06.03.2013, which included payments towards Transport Allowance.

5. It is further averred that after the 7th CPC recommendations, DOE passed an order dated 17.10.2017, directing all unaided private recognized schools to implement the 7th CPC recommendations w.e.f. 01.01.2016 and also frame guidelines.

6. It is the case of the Petitioners that despite the directions of this Court and the Circulars issued from time to time by DOE, the School has not implemented the recommendations of the 6th CPC in entirety and the arrears towards Transport Allowance from September, 2009 to March, 2017 are still pending. The recommendations of the 7th CPC have also not been implemented and this is despite the fact that some of the Petitioners have now