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IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J.
Gurvinder Singh Saini – Appellant
Versus
Shri Manjit Singh G. K. & Ors. – Respondents
W.P.(C) 7568 of 2018 & W.P.(C) 4968 of 2019
Decided On : 05-04-2023
6th CPC - Pay Revision - Delhi School Education Act, 1973 - Section 10 - 6th CPC Recommendations - 7th CPC - CCS (Revised Pay) Rules, 2016
Fact of the Case:
The petitioner sought arrears of pay revision under the 6th Central Pay Commission (CPC) and implementation of 7th CPC recommendations. The petitioner had previously filed a writ petition seeking implementation of 6th CPC Recommendations under Section 10 of Delhi School Education Act, 1973, which was allowed. The petitioner was transferred to another school and made representations for implementation of judgments and release of arrears, but faced non-compliance. The school argued discrepancies in the calculations of amounts payable.
Finding of the Court:
The court found that despite the passage of nearly 17 years and judgments in favor of the petitioner, the petitioner was struggling to receive the arrears of pay revision and correct fixation of salary and allowances. The court allowed the writ petition, directing the school to release all outstanding payments towards the petitioner on account of pay revision in the salary and allowances under 6th CPC. A similar finding was made for the implementation of 7th CPC recommendations, directing the school to refix the salary and emoluments of the petitioner in accordance with the 7th CPC recommendations and to pay arrears within six months from the judgment.
Issues: Non-compliance with 6th CPC and 7th CPC recommendations, discrepancies in calculations of amounts payable, and delay in releasing arrears.
Ratio Decidendi: The court emphasized the statutory obligation of paying the salary and allowances in accordance with 6th CPC Recommendations and the entitlement of the petitioner to pay revision under the 7th CPC. The court also highlighted the judgments of previous cases supporting the entitlement of employees to the benefits of 6th and 7th CPC.
Final Decision: The writ petition was allowed, directing the school to release all outstanding payments towards the petitioner on account of pay revision in the salary and allowances under 6th CPC. The court also directed the school to refix the salary and emoluments of the petitioner in accordance with the 7th CPC recommendations and to pay arrears within six months from the judgment.
JUDGMENT
Jyoti Singh, J. (Oral)
W.P.(C) 7568/2018
1. This writ petition has been filed by the Petitioner seeking arrears of pay revision under the 6th Central Pay Commission (CPC) along with interest @ 24% per annum.
2. Petitioner was working as Assistant Director (Sports) in Guru Harkrishan Public School, Vasant Vihar in 2009 and filed a writ petition being W.P.(C) 12372/2009 in this Court seeking implementation of 6th CPC Recommendations in terms of Section 10 of Delhi School Education Act, 1973. The writ petition was allowed on 02.09.2011, directing the Respondents to pay the arrears by 31.03.2012. An appeal was filed before the Division Bench and by a judgment dated 05.09.2012, the Division Bench upheld the judgment of the learned Single Judge. Due to non-compliance of the judgment, a Contempt Petition was filed in 2012. Matter was carried by the School to the Supreme Court, however, SLP (C) No.33852/2012 was dismissed.
3. Petitioner was transferred to Guru Harkrishan Public School, Hari Nagar on 01.01.2015 and thereafter made several representations for implementation of the judgments and release of arrears of salary but to no avail. Some payments were thereafter made by the School but the same were not in consonance with the 6th CPC Recommendations and/or the judgments of this Court. Calculations were furnished to the Petitioner which, according to him, indicated several discrepancies such as non-payment of salary from 17.06.2013 to 08.08.2013, transport allowance from September, 2008 to March, 2017, bonus, LTC, etc.
4. Learned counsel for the Petitioner submits that the School has scant regard for the orders of this Court and is not fulfilling the statutory obligation of paying the salary and allowances in accordance with 6th CPC Recommendations, compelling the Petitioner to approach the Court for enforcement and implementation of the recommendations.
5. Mr. Mishra, appearing on behalf of the School, submits that an affidavit has been filed on 20.02.2019 and thereafter on 25.09.2019 giving the details of the payments released to the Petitioner and explaining the reasons for delay in paying. It is submitted that the School had implemented recommendations of 6th CPC from 01.05.2014 and payments were released. Transport allowance was not paid from May, 2014 to March, 2017 which was, however, calculated subsequently as amounting to Rs.2,45,664/- and was paid. Petitioner is already receiving his monthly salary as per 6th CPC and the arrears from January, 2006 to April, 2014 amount to Rs.9,52,708/- out of which large part of the amount was released. He further assures the Court that all the outstanding arrears, if any, shall be released to the Petitioner shortly.
6. Mr. Mishra further points out that Petitioner has placed on record certain calculations of the amounts payable, which is supported by the calculations made by the Directorate of Education. Having gone through the calculation sheet, there are certain discrepancies as all the amounts claimed by the Petitioner are not payable and therefore permission be granted to the School to give its own calculations to the Petitioner so that the matter can be mutually resolved.
7. There is no gainsaying that 6th CPC recommendations are to be implemented from 01.01.2006 and despite a passage of nearly 17 years and judgments in favour of the Petitioner, he is struggling to get the arrears of revision of pay and correct fixation of his salary and allowances.
8. Writ petition is accordingly allowed, directing the School to release forthwith all the outstanding payments towards the Petitioner on account of pay revision in the salary and allowances under 6th CPC. It is open to the School to point out to the Petitioner if there are any discrepancies in the calculations furnished by him and it is open to the Petitioner to respond to the same. It is hoped and expected that the matter will be amicably resolved and all the outstanding dues will be cleared at the earliest and Petitione
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....
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 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.
Employees of unaided minority schools are entitled to the benefits of the 6th and 7th CPC reports, and the schools have a statutory obligation to grant these benefits.
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 entitled to benefits of 6th and 7th CPC as per the judgments and orders of the Court.
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....
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