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IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J.
Shri Krishan Gopal (deceased) Through Mrs. Manju Devi And Anr – Appellant
Versus
Directorate of Education & Ors. – Respondents
W.P.(C) 2398 of 2023
Decided On : 24-02-2023
Salary Arrears - Employee Rights - 6th CPC, 7th CPC - 6th CPC, 7th CPC - The court allowed the writ petition, directing the School to refix the salaries and other emoluments of the Petitioners by granting pay revisions under the 6th and 7th CPC and release the arrears thereof including balance of the 40 % salaries wherever and for the period for which they are due. The arrears of 6th CPC shall be paid with interest @ 6% per annum while the arrears of 7th CPC shall not carry any interest. The entire exercise of fixation of pay and payment of arrears/release of balance salaries/allowances shall be completed within a period of six months from today. On failure to pay the amounts within six months as directed above, Petitioners shall be entitled to interest at the rate of 9% per annum on the arrears of both 6th and 7th CPC. All retiral/terminal benefits shall be released to the Petitioners within six months from today after taking into account the pay revisions under the 6th and 7th CPC. As an immediate relief, an amount of Rs.5,00,000/- shall be released to the Petitioners within one month, subject to adjustment when the complete payments are made. Failure to release the retiral/terminal benefits, within six months, will entail payment of interest at the rate of 9% per annum from the date the benefits became due till actual payments. Insofar as Gratuity is concerned, the same shall be released to the Petitioners, subject to the statutory ceiling limit under the Payment of Gratuity Act, 1972, as amended, in accordance with law. The School is directed to take a decision with respect to TA/DA in accordance with the aforesaid directions, within ten weeks from today. Respondent No.1/DOE is directed to draw out a calculation of the arrears towards salaries/terminal benefits due to the Petitioners and the due and drawn statement shall be furnished to them within a period of eight weeks from today.
Fact of the Case:
The petitioners sought relief for salary arrears, gratuity, and other terminal benefits from the School. They claimed that the School failed to implement the 6th CPC and 7th CPC recommendations and withheld arrears towards Transport Allowance and Gratuity. The petitioners' case was supported by the judgment in Shikha Sharma v. Guru Harkrishan Public School & Ors., 2021 SCC OnLine Del 5011.
Finding of the Court:
The court found merit in the petitioners' contentions and allowed the writ petition, directing the School to refix the salaries and other emoluments of the Petitioners by granting pay revisions under the 6th and 7th CPC and release the arrears thereof including balance of the 40 % salaries wherever and for the period for which they are due. The arrears of 6th CPC shall be paid with interest @ 6% per annum while the arrears of 7th CPC shall not carry any interest. The entire exercise of fixation of pay and payment of arrears/release of balance salaries/allowances shall be completed within a period of six months from today. On failure to pay the amounts within six months as directed above, Petitioners shall be entitled to interest at the rate of 9% per annum on the arrears of both 6th and 7th CPC. All retiral/terminal benefits shall be released to the Petitioners within six months from today after taking into account the pay revisions under the 6th and 7th CPC. As an immediate relief, an amount of Rs.5,00,000/- shall be released to the Petitioners within one month, subject to adjustment when the complete payments are made. Failure to release the retiral/terminal benefits, within six months, will entail payment of interest at the rate of 9% per annum from the date the benefits became due till actual payments. Insofar as Gratuity is concerned, the same shall be released to the Petitioners, subject to the statutory ceiling limit under the Payment of Gratuity Act, 1972, as amended, in accordance with law. The School is directed to take a decision with respect to TA/DA in accordance with the aforesaid directions, within ten weeks from today. Respondent No.1/DOE is directed to draw out a calculation of the arrears towards salaries/terminal benefits due to the Petitioners and the due and drawn statement shall be furnished to them within a period of eight weeks from today.
Issues: The issues involved in the case were the non-implementation of 6th CPC and 7th CPC recommendations by the School, withholding of arrears towards Transport Allowance and Gratuity, and the entitlement of the petitioners to salary arrears and terminal benefits.
Ratio Decidendi: The court relied on the judgment in Shikha Sharma v. Guru Harkrishan Public School & Ors., 2021 SCC OnLine Del 5011, which established that the employees of unaided minority Schools are entitled to the benefits of the recommendations made by the 6th and 7th CPC reports. The court emphasized that the benefits of 6th and 7th CPC are payable by operation of law, and the employees are entitled to equal pay and other benefits. The court also directed the School to take a decision with respect to TA/DA in accordance with the aforesaid directions within ten weeks from the judgment date.
Final Decision: The writ petition was allowed, and the School was directed to refix the salaries and other emoluments of the Petitioners by granting pay revisions under the 6th and 7th CPC and release the arrears thereof including balance of the 40 % salaries wherever and for the period for which they are due. The arrears of 6th CPC shall be paid with interest @ 6% per annum while the arrears of 7th CPC shall not carry any interest. The entire exercise of fixation of pay and payment of arrears/release of balance salaries/allowances shall be completed within a period of six months from the judgment date. On failure to pay the amounts within six months as directed above, Petitioners shall be entitled to interest at the rate of 9% per annum on the arrears of both 6th and 7th CPC. All retiral/terminal benefits shall be released to the Petitioners within six months from the judgment date after taking into account the pay revisions under the 6th and 7th CPC. As an immediate relief, an amount of Rs.5,00,000/- shall be released to the Petitioners within one month, subject to adjustment when the complete payments are made. Failure to release the retiral/terminal benefits, within six months, will entail payment of interest at the rate of 9% per annum from the date the benefits became due till actual payments. Insofar as Gratuity is concerned, the same shall be released to the Petitioners, subject to the statutory ceiling limit under the Payment of Gratuity Act, 1972, as amended, in accordance with law. The School was also directed to take a decision with respect to TA/DA in accordance with the aforesaid directions within ten weeks from the judgment date. Respondent No.1/DOE was directed to draw out a calculation of the arrears towards salaries/terminal benefits due to the Petitioners and the due and drawn statement shall be furnished to them within a period of eight weeks from the judgment date.
JUDGMENT
Jyoti Singh, J. (Oral)
CM APPL. 9173/2023 (Exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(C) 2398/2023
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. Petitioner No. 1 is the widow of late Shri Krishan Gopal who was working as Life Guard with Guru Harkrishan Public School/Respondents No. 3 and 4 (hereinafter referred to as `School'). Petitioner No. 2 retired as a Cricket Coach from the said 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
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