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IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J.
Mr. Ajeet Kumar & Ors. – Appellants
Versus
Guru Harkrishan Public School Kalkaji Branch & Ors. – Respondents
W.P.(C) 2827 of 2022 & CM APPL. 8150 of 2022 & W.P.(C) 2846 of 2022 & CM APPL. 8201 of 2022
Decided On : 30-05-2023
Salary Arrears - Pay Commission Recommendations - 6th and 7th CPC - [PAY SCALE, ARREARS, SALARY, PAY COMMISSION] - [6th Pay Commission, 7th Pay Commission] - The court allowed the writ petitions directing the school to refix the salaries and emoluments of the petitioners under the 7th CPC and release the arrears including the balance of 40% salaries. The arrears of 6th CPC were released to the petitioners, and they were entitled to interest at 6% p.a. on delayed payments. The arrears of 7th CPC were not to carry any interest. The school was directed to complete the re-fixation of pay and payment of arrears/release of balance salaries within four months, failing which the petitioners would be entitled to interest at the rate of 9% p.a. on arrears of 7th CPC. On the issue of transport allowance and dearness allowance, the Department of Education was directed to pass orders and convey the decision to the petitioners within a specified time frame.
Fact of the Case:
The petitioners, serving employees of Guru Harkrishan Public School, sought relief for non-payment of arrears of salaries and emoluments on account of pay revisions under 6th and 7th CPC, along with transport allowance and dearness allowance, as well as release of the arrears of 40% of balance salary for a specific period.
Finding of the Court:
The court found merit in the petitioners' contention that their reliefs were covered by a previous judgment and directed the school to refix the salaries and emoluments under the 7th CPC and release the arrears, including the balance of 40% salaries. The arrears of 6th CPC were released to the petitioners, and they were entitled to interest at 6% p.a. on delayed payments. The arrears of 7th CPC were not to carry any interest. The school was directed to complete the re-fixation of pay and payment of arrears/release of balance salaries within four months, failing which the petitioners would be entitled to interest at the rate of 9% p.a. on arrears of 7th CPC. On the issue of transport allowance and dearness allowance, the Department of Education was directed to pass orders and convey the decision to the petitioners within a specified time frame.
Issues: Non-payment of arrears of salaries and emoluments, pay revisions under 6th and 7th CPC, transport allowance, dearness allowance, release of arrears of 40% of balance salary.
Ratio Decidendi: The court relied on a previous judgment to support the petitioners' claims and directed the school to comply with the recommendations of the Pay Commissions, release arrears, and re-fix the salaries and emoluments under the 7th CPC. The court also addressed the issue of transport allowance and dearness allowance, directing the Department of Education to pass orders and convey the decision to the petitioners within a specified time frame.
Final Decision: The writ petitions were allowed, and the school was directed to comply with the court's orders regarding the refixation of salaries and emoluments under the 7th CPC, release of arrears, and addressing the issue of transport allowance and dearness allowance within specified time frames.
JUDGMENT
Jyoti Singh, J. (Oral)
1. Present writ petitions have been filed seeking the following reliefs:
W.P.(C) 2827/2022
"i. issue of writ, order or directions in the nature of mandamus or any other appropriate writ, order or directions directing the Respondents no. 1 to 2 to fix the pay scale of the Petitioners as per the guidelines of 6th Pay Commission and release the arrears of 6th pay commission alongwith the Transport allowance (T.A.) for the period September 2008 to December 2015 and arrears of Transport Allowance and Dearness Allowance (D.A) as applicable along with interest@ 15% p.a.,
ii. issue of writ, order or directions in the nature of mandamus or any other appropriate writ, order or directions directing the Respondents no. 1 to 2 to implement 7th Pay Commission and after the fixation of pay scale in accordance with the 7th Pay Commission release the arrears of 7th pay commission along with interest@ 10% p.a.;
iii. issue of writ, order or directions in the nature of mandamus or any other appropriate writ, order or directions directing the Respondents no. 1 to 2 to release the arrears of salary ie. 40% of the salary which have not been released till date for the period April 2020 to February 2021 along-with pay-slips and release transport allowance (T.A.) for the period June 2020 till the filing of the present petition and arrears of applicable Dearness Allowance;
iv. Pass an order directing the Respondents no. 1 to 2 to pay/release the salaries in full (inclusive of T.A. and D.A.) to the petitioners on or before 7th day of every calendar month."
W.P.(C) 2846/2022
"i. issue of writ, order or directions in the nature of mandamus or any other appropriate writ, order or directions directing the Respondents no. 1 to 2 to fix the pay scale of the Petitioners as per the guidelines of 6th Pay Commission and release the arrears of 6th pay commission alongwith the Transport allowance (T.A.) for the period September 2008 to December 2015 and arrears of Transport Allowance and Dearness Allowance (D.A) as applicable along with interest@ 15% p.a.,
ii. issue of writ, order or directions in the nature of mandamus or any other appropriate writ, order or directions directing the Respondents no. 1 to 2 to implement 7th Pay Commission and after the fixation of pay scale in accordance with the 7th Pay Commission release the arrears of 7th pay commission along with interest@ 10% p.a.;
iii. issue of writ, order or directions in the nature of mandamus or any other appropriate writ, order or directions directing the Respondents no. 1 to 2 to release the arrears of salary ie. 40% of the salary which have not been released till date for the period April 2020 to February 2021 along-with pay-slips and release transport allowance (T.A.) for the period April 2020 till the filing of the present petition and arrears of applicable Dearness Allowance;
iv. Pass an order directing the Respondents no. 1 to 2 to pay/ release the salaries in full (inclusive of T.A. and D.A.) to the petitioners on or before 7th day of every calendar month."
2. Petitioners are serving employees of Guru Harkrishan Public School/Respondent No. 1 herein (hereinafter referred to as the `School') and the grievances ventilated in the present writ petitions pertain to non-payment of arrears of salaries and emoluments on account of pay revisions under 6th and 7th CPC along with Transport Allowance and Dearness Allowance as well as release of the arrears of 40% of balance salary for the period April, 2020 to February, 2021. It is the case of the Petitioners that it is the statutory obligation of the School to implement the recommendations of 6th and 7th CPC in entirety and despite the directions of this Court in several writ petitions as well as circulars issued from time to time by Directorate of Education (`DoE') in this behalf, the School has failed to act.
3. Learned counsel for the Petitioners urges that the case of the Petitioners is squarely covered by the judgment of this Court
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....
Employees of unaided minority schools are entitled to the benefits of 6th and 7th CPC as those of government-run schools.
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, and the arrears thereof should be paid with interest. All retiral/terminal benefits shall be released within six....
Employees of unaided minority Schools entitled to benefits of 6th and 7th CPC as per the judgments and orders of the Court.
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....
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 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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