The main legal point established is that the retired employees are entitled to pay revision and MACP benefits under the 7th Pay Commission and Department of Personnel and Training's Office Memorandum dated 19.05.2009 as per Section 10(1) of the Act, 1973, and the employer has an obligation to implement the pay recommendations and pay salaries as per the applicable rules.

Satish Chandra Sharma, C.J.

1. The present LPA is arising out of judgment dated 02.06.2023 passed in W.P.(C.) No. 6521/2021 titled Anchla & Ors. Vs. Greenfields Public School & Anr. (Impugned Judgment), whereby the Ld. Single Judge has allowed the writ petition preferred by the Respondents herein.

2. The facts of the case reveal that the Respondents herein are retired employees/teachers of Greenfields Public School. During their period of employment with the Appellant School, the Respondents have served in the school on the posts of Post Graduate Teacher, Trained Graduate Teachers, Assistant Teachers, Lab Assistant etc.

3. The Respondents herein/Writ Petitioners came up before this Court by filing the underlying writ petition seeking the benefit of pay revision keeping in view the recommendations of the 7th Pay Commission along with consequential benefits and also financial upgradation under the Modified Assured Career Progression Scheme (MACP) introduced by the Government of India vide Department of Personnel and Training's Office Memorandum dated 19.05.2009,issued pursuant to the recommendations of the 6th Pay Commission. The Respondents herein/Writ Petitioners prayed for the following reliefs in the Writ Petition:

"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 7th 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."

4. The facts of the case reveal that the Respondents herein/Writ Petitioners were appointed on regular posts following the procedure established by law as provided under the Delhi School Education Act, 1973 (hereinafter to be referred to as `the Act, 1973') read with Delhi School Education Rules, 1973 (hereinafter to be referred to as `the Rule, 1973'). The details of the Respondent Employees/Writ Petitioners are reproduced as under: