JUDGMENT

Jyoti Singh, J. (Oral)

CM APPL. 9642/2023 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

W.P.(C) 2521/2023

3. Present writ petition has been filed seeking the following reliefs:

"a) Issue a writ of mandamus, order or direction, directing the Respondent No. 2 & 3 to release the terminal benefits to the Petitioner which includes gratuity as per revised norms, leave encashment, TA/DA arrears, along with interest till realization;

b) Issue a writ of mandamus, order or direction, directing the Respondent No. 2 & 3 to implement the judgment and order dated 14 16.11.2021 passed by this Hon'ble Court in batch of Writ Petitions titled Shikha Sharma's case, on the Petitioner as well;

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 and 7th Pay Commission arrears, TA/DA, etc."

4. Petitioner was appointed on the post of Attendant on 01.12.2003 with Guru Harkrishan Public School (hereinafter referred to as `School') and is a specially abled person. On 01.06.2005, Petitioner was appointed as a Clerk on probation and his services were confirmed on 01.12.2005.

5. According to the Petitioner, no promotion was granted to the Petitioner thereafter and he was also deprived of the financial upgradation under the 1st MACP. The grievance also relates to non-payment of balance 40% salary for the period April, 2020 to February, 2021.

6. Petitioner states that he has submitted his resignation on 11.07.2022 on account of personal circumstances and the resignation was accepted on 09.08.2022 w.e.f. 05.08.2022.

7. The grievance of the Petitioner in the present writ petition relates to non-fixation of his salary and allowances under the 6th and 7th CPC, non-grant of terminal benefits as well as payment of balance salary for the period aforementioned. 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.

8. Issue notice.

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

10. Learned counsel appearing for Respondent No. 1/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).

11. 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 als