2023 Supreme(Del) 5219

IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J.
Anchla And Ors – Appellant
Versus
Greenfields Public School & Anr. – Respondents
W.P.(C) 6521 of 2021
Decided On : 02-06-2023

Headnote:

The writ petition filed by the Petitioners, serving/retired employees of Greenfields Public School, sought the following reliefs: (a) issue appropriate writ/order/directions in the nature of mandamus directing the Respondent No 1 & 2 to act in accordance with and not in contravention of the Delhi School Education Act & Rules 1973; (b) issue appropriate writ/order/directions in the nature of mandamus directing Respondent No. 1 to implement the CPC recommendations and provide consequential benefits to the Petitioners, including various allowances and provision of other service benefits as extended through the MACP resolutions/schemes passed by the Government of India; (c) issue appropriate writ/order/directions in the nature of mandamus directing the Respondent No. 1 in its entirety to release the amount of arrears along with interest which has not been paid to Petitioners No. 1-4 & 6-15 for which they are entitled to, under the MACP Scheme passed by the Government of India; (d) issue appropriate writ/order/directions in the nature of mandamus directing the Respondent No. 2 to ensure the implementation of 7th CPC and MACP by the Respondent No. 1 and provide consequential benefits to the Petitioners; (e) issue appropriate writ/order/directions in the nature of mandamus commanding the Respondents to pay the costs of this Petition to the Petitioners; (f) pass such other order/s as may be deemed fit and proper in the facts of the present case.

Fact of the Case:

The Petitioners, serving/retired employees of Greenfields Public School, sought the following reliefs: (a) issue appropriate writ/order/directions in the nature of mandamus directing the Respondent No 1 & 2 to act in accordance with and not in contravention of the Delhi School Education Act & Rules 1973; (b) issue appropriate writ/order/directions in the nature of mandamus directing Respondent No. 1 to implement the CPC recommendations and provide consequential benefits to the Petitioners, including various allowances and provision of other service benefits as extended through the MACP resolutions/schemes passed by the Government of India; (c) issue appropriate writ/order/directions in the nature of mandamus directing the Respondent No. 1 in its entirety to release the amount of arrears along with interest which has not been paid to Petitioners No. 1-4 & 6-15 for which they are entitled to, under the MACP Scheme passed by the Government of India; (d) issue appropriate writ/order/directions in the nature of mandamus directing the Respondent No. 2 to ensure the implementation of 7th CPC and MACP by the Respondent No. 1 and provide consequential benefits to the Petitioners; (e) issue appropriate writ/order/directions in the nature of mandamus commanding the Respondents to pay the costs of this Petition to the Petitioners; (f) pass such other order/s as may be deemed fit and proper in the facts of the present case.

Finding of the Court:

The Court held that the Petitioners were entitled to the benefits of pay revision under the 7th CPC, including arrears thereof, and that the School was under a statutory obligation to pay the revised salaries and emoluments to the Petitioners, in accordance with the various DOE circulars and orders referred to and alluded to above. The Court also held that the School was not entitled to deny the Petitioners the benefits of the MACP Scheme, as it had already adopted the Scheme and had granted MACP benefits to some of the Petitioners.

Issues: 1. Whether the Petitioners were entitled to the benefits of pay revision under the 7th CPC, including arrears thereof. 2. Whether the School was under a statutory obligation to pay the revised salaries and emoluments to the Petitioners, in accordance with the various DOE circulars and orders referred to and alluded to above. 3. Whether the School was entitled to deny the Petitioners the benefits of the MACP Scheme, as it had already adopted the Scheme and had granted MACP benefits to some of the Petitioners.

Ratio Decidendi: 1. The Court held that the Petitioners were entitled to the benefits of pay revision under the 7th CPC, including arrears thereof, by virtue of the provision of Section 10(1) of the Delhi School Education Act, 1973 (1973 Act). This provision mandates that the scales of pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits of the employees of a recognized private school shall not be less than those of the employees of the corresponding status in schools run by the appropriate authority. 2. The Court held that the School was under a statutory obligation to pay the revised salaries and emoluments to the Petitioners, in accordance with the various DOE circulars and orders referred to and alluded to above. These circulars and orders directed the private recognized unaided schools to implement the 7th CPC recommendations and to extend the benefits of the 7th CPC to its employees in accordance with Section 10(1) at par with the Government employees. 3. The Court held that the School was not entitled to deny the Petitioners the benefits of the MACP Scheme, as it had already adopted the Scheme and had granted MACP benefits to some of the Petitioners. The Court held that the School could not recall its decision to adopt the MACP Scheme and that it was required to consider the cases of the Petitioners for grant of 1st/2nd/3rd MACP benefits, as the case may be, in accordance with the Scheme.

Final Decision: The writ petition was allowed directing the School to grant benefits of pay revision to the Petitioners under 7th CPC w.e.f. 01.01.2016 and refix their salaries and allowances and additionally for those Petitioners who have since retired, retiral/terminal benefits shall also be revised. Arrears of differential amounts on account of revisions shall be disbursed within 8 weeks from today along with interest @ 6% per annum. It is further directed that cases of Petitioners who are eligible for grant of 1st/2nd/3rd MACP shall be considered in accordance with the provisions of the MACP Scheme and in case they are entitled to the financial upgradations, their pay shall be fixed in the next higher Grade Pay in the applicable Pay Band/appropriate pay level in the Pay Matrix, as the case may be. The entire exercise shall be completed by the School within 3 months from today.