Employees of unaided minority Schools are entitled to the benefits of 6th and 7th CPC, and the arrears thereof should be paid with interest. All retiral/terminal benefits shall be released within six months after taking into account the pay revisions under the 6th and 7th CPC.

JUDGMENT

Jyoti Singh, J. (Oral)

CM APPL. 9504/2023 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

W.P.(C) 2488/2023

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 & 2 to release the terminal benefits to the Petitioner which includes gratuity, as per revised norms, and leave encashment along with interest;

b) Issue a writ of mandamus, order or direction, directing the Respondent No. 2 & 3 to implement the judgment and order dated 16.11.2021 passed by this Hon'ble Court in batch of Writ Petitions titled Shikha Sharma's case, on the Petitioner as well and release arrears towards 6th CPC and 7th CPC along with interest;

c) Issue a writ of mandamus, order or direction, directing the Respondent No.1 to prepare due and drawn statement of the Petitioner with respect to all her arrears including terminal benefits, gratuity, leave encashment, 6th & 7th Pay Commission arrears, TA/DA, interest, etc."

4. Petitioner was appointed as Primary Teacher on ad hoc basis with Respondents No. 1 and 2/Guru Harkrishan Public School (hereinafter referred to as 'School') on 05.12.1995. Services of the Petitioner were confirmed on 05.03.1997. Petitioner states that she submitted her resignation to the School on 01.08.2022 after giving three months' notice, on account of health and personal issues, which was accepted by the School on 31.10.2022.

5. The grievance of the Petitioner in the present writ petition is non-payment of balance 40% salary for the period April, 2020 to February, 2021 as well as retiral/terminal benefits. Petitioner sent several representations and reminders to release her outstanding dues but to no avail, compelling the Petitioner to file the present writ petition. Reliance is placed by the Petitioner on the judgment of this Court in Shikha Sharma v. Guru Harkrishan Public School & Ors, 2021 SCC OnLine Del 5011 and it is urged that the said judgment covers the case of the Petitioner on all scores.

6. Issue notice.

7. Counsels, as above, accept notice on behalf of the Respondents.

8. Learned counsel appearing for Respondent No. 3/DOE supports the case of the Petitioner while learned counsel appearing for the School is unable to dispute that the reliefs sought in the present writ petition are squarely covered by the judgment in Shikha Sharma (supra).

9. Having heard the learned counsels for the parties, this Court finds merit in the contention of the Petitioner that the reliefs sought in the present writ petition are covered by the judgment in Shikha Sharma (supra), relevant passages from which are as follows:

"26. So, it is clear that the pay and allowances of the employees of unaided minority Schools cannot be less than those of the employees of the Government run Schools. There is no dispute that the benefits of 6th and 7th CPC have been given to the employees of the Government run Schools. If that be so, the employees of the unaided minority Schools are also entitled to get the benefits of the recommendations as made by the 6th and 7th CPC reports. So, this plea of Mr. Abinash Kumar Mishra is liable to be rejected. The plea of Mr. Mishra, that till such time the DoE grants approval to the Schools to collect the arrears of fees, the Schools must not be directed to pay the benefits of 7th CPC is concerned, the same is unmerited. The employees are entitled to equal pay and other benefits, by operation of Section 10 of the DSE Act, in other words, by operation of law, the said benefits are payable. The same does not pre-suppose the approval being granted by the Director to the Schools to claim higher fee or arrears thereof.

xxx xxx xxx

28. Following the aforesaid judgment, even this Court in the case pertaining to grant of arrears of salary also granted similar reliefs to the petitioners in Shashi Kiran v. Siddharth International Public School, W.P.(C) No. 2734/2021; Rambir Singh Malik v