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SURESH KUMAR KAIT
Meeta Chakraborty – Appellant
Versus
Government of NCT of Delhi – Respondent
JUDGMENT
Suresh Kumar Kait, J.
CM APPL. 39739/2022 (u/S 151 CPC)
1. The present application has been preferred by the petitioners prying for award of interest @12% per annum from the due date on account of delayed payment of arrears paid by respondents No.3 & 4 as well as award for exemplary costs.
2. For just disposal of the present application, the facts pertaining to this case in brief are noted in the following paragraphs.
3. The petitioners, who are 220 in number, filed the captioned petition inter alia seeking implementation of recommendations of the Seventh Central Pay Commission ("7th CPC") in the light of provisions of Section 10 of Delhi School Education Act, 1973, which mandates that the scale of pay and allowances, medical facilities, pension, gratuity and other prescribed benefits of all the employees of a private unaided recognized schools, shall not be less than that of the employees of the corresponding status in the schools run by the appropriate authority.
4. Some of the petitioners vide communication dated 27.07.2009 to respondent No.3- Sanskriti School, claim to have objected to their pay fixation pursuant to revision of pay structure consequent upon recommend
The court balanced the financial hardship faced by the school with the petitioners' claim for interest, ultimately deciding against granting further interest to maintain equity.
Teachers - Teachers cannot be left on a wing and a prayer. They must be released their rightful dues without any further delay. As they are being made to discharge COVID-19 duties at the instance of ....
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....
Financial hardship cannot justify non-compliance with statutory mandates, and employees of recognized private schools are entitled to benefits similar to those of government-run schools as per Sectio....
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 ....
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.
Employees of unaided minority schools are entitled to salaries and benefits as per 6th and 7th Central Pay Commissions equivalent to those in government schools, regardless of financial hardship clai....
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