JUDGMENT

Jyoti Singh, J. (Oral)

CM APPL. 25336/2023 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

W.P.(C) 6444/2023

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 implement the speaking order dated 7.9.2022 passed by the Respondent No.1 (Annexure-P/2) and forthwith release the arrears along with interest;

b) Issue a writ of mandamus, order or direction, directing the Respondent No. 2 and 3 to release the arrears towards TA in terms of 6th & 7th CPC, arrears towards DA and balance salary of 40% for June and July 2021 along with interest @ 18%;

c) Issue a writ of mandamus, order or direction, directing the Respondent No. 1 to pass speaking order within a period of 4 weeks on two issues i.e. wrong fixation of salary since from September 2001 and (ii) after 12 years of service the ACP was not given instead only a Sr. Scale was given;

d) pass such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."

4. Petitioner was working as Vice Principal with Guru Harkrishan Public School/Respondent No. 3 herein (hereinafter referred to as the `School') at the time of her retirement on superannuation on 31.07.2020. It is the case of the Petitioner that at the time of her retirement, terminal/retiral benefits were not released to the Petitioner and even the arrears of pay revision under the 6th and 7th Pay Commissions including TA and DA have not been paid.

5. Petitioner had earlier filed a writ petition being W.P.(C) No. 11837/2021 in this Court, which was disposed of vide order dated 21.10.2021, directing Respondent No.1/Directorate of Education (`DoE') to treat the petition as a representation and after taking comments from the School, dispose of the same within four weeks. Respondent No.1 considered the representation and by a speaking order dated 07.09.2022 directed the School to clear the arrears of Rs.46,34,464/- within 15 days of the issuance of the order.

6. Pursuant to the speaking order passed by the DoE, School has paid an amount of Rs. 29,70,288/- in eight equal monthly instalments of Rs.3,71,286/- each but the balance amount is still outstanding in terms of the speaking order. It is also the case of the Petitioner that over and above the amounts calculated by the DoE, some amounts are also due towards the arrears of salary from September, 2001, ACP benefits and interest on delayed payments towards arrears of TA/DA, which total to Rs. 27,72,556/-.

7. Issue notice.

8. Counsels, as above, accept notice for the Respondents. Counsel for Respondents 2 and 3, the contesting Respondents is unable to dispute that the speaking order passed by DoE on 07.09.2022, is in consonance with the judgment of this Court in Shikha Sharma v. Guru Harkrishan Public School & Ors, 2021 SCC OnLine Del 5011 and the amounts mentioned therein under different heads are payable.

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, th