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JYOTI SINGH
Rajeev Kumar Dhingra – Appellant
Versus
Managing Committee Sri Sathya Sai Vidya Vihar – Respondent
JUDGMENT
Jyoti Singh, J. Present writ petitions have been filed by the Petitioners seeking directions to Respondent No.1/Managing Committee, Sri Sathya Sai Vidya Vihar (hereinafter referred to as the `School') for correct fixation of the salaries and other allowances of the Petitioners in accordance with the CCS (Revised Pay) Rules, 2008, (hereinafter referred to as the `Rules 2008'), issued in exercise of powers conferred by Proviso to Article 309 and Clause (5) of Article 148 of the Constitution of India, pursuant to the recommendations of the 6th Central Pay Commission (CPC), effective from 01.01.2006. On account of the similitude of the legal issues arising in the four petitions, they were heard together and are being decided by this common judgment.
2. The facts germane for deciding the present writ petitions are in a narrow compass. Petitioners are Teachers employed with the School and their respective dates of appointments, etc. are set out hereunder:
| Sl. No. | Writ Petition | Name | Date of Appointment | Subject |
| 1. | W.P.(C) 2362/2022 | Rajeev Kumar Dhingra | 12.07.2001 | TGT (Physical Education) |
| 2. | W.P.(C) 2363/2022 | Kuttamparampath Sudha Nair | 02.07.2001 | TGT (Science) |
| 3. | W.P.(C) 2427/2022 | Bibha Joshi Sharma | ||
Employers have a statutory obligation to revise salaries and emoluments under Pay Commissions, and the defense of delay and laches cannot be raised to deny the benefits accruing therefrom.
The main legal point established in the judgment is the obligation of the school to comply with the recommendations of the Pay Commissions, release arrears, and re-fix the salaries and emoluments und....
The Delhi School Education Act mandates private schools to align salaries of their employees with those of corresponding positions in government institutions, regardless of the school's financial sta....
The main legal point established in the judgment is the statutory obligation of paying the salary and allowances in accordance with the 6th CPC Recommendations and the entitlement of the petitioner t....
Claims arising from CPC recommendations are distinct and must be implemented by the employer, emphasizing the need for reasonable diligence in pursuing claims and restricting arrears to three years p....
The main legal point established in the judgment is that employees of unaided minority Schools are entitled to the benefits of the recommendations made by the 6th and 7th CPC reports, and the benefit....
Private school employees are entitled to salaries and benefits under the 6th and 7th CPC as mandated by the Delhi School Education Act, 1973, and coercion faced by employees to waive their rights is ....
The central legal point established in the judgment is the entitlement of employees to the benefits of the 6th and 7th CPC, the obligation of the employer to comply with statutory entitlements, and t....
Employees of unaided minority schools are entitled to the benefits of 6th and 7th CPC as those of government-run schools.
The main legal point established in the judgment is that a private agreement cannot subvert statutory rights of teachers, and that the public policy of fair remuneration for teachers and employees pr....
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