Recognized private schools must pay employees according to the 6th and 7th Pay Commissions, with financial hardship not a valid excuse for non-compliance.

Jyoti Singh, J. (Oral)--Present writ petitions have been filed by the Petitioners praying inter alia for issuance of a writ of mandamus directing Respondent No. 1/School to pay salaries and emoluments to the Petitioners as per the recommendations of the 7th Pay Commission w.e.f. 01.01.2016 and correct fixation of salaries from 01.01.2006 giving the benefit of pay revision under 6th CPC recommendations, at par with their counterparts in the Government and Government aided schools, by virtue of provisions of Section 10(1) of Delhi School Education Act and Rules, 1973 (hereinafter referred to as `DSE&R'). On account of similitude of facts and common questions of law in all the writ petitions, they have been heard together and are being decided by this common judgment. For the sake of convenience, Respondent No. 1, which is the Managing Committee of Sri Sathya Sai Vidya Vihar, is being referred to as `School' and Respondent No. 2/Director of Education is being referred to as `DOE', hereinafter.

2. Factual matrix to the extent germane for deciding the present petitions is that Petitioners are employed with the School and their respective dates of appointments and other relevant details are set out below in a tabular form:

3. Pursuant to the recommendations of the 6th Central Pay Commission (CPC), Central Civil Services (Revised Pay) Rules, 2008 were notified. Likewise post-recommendations of the 7th CPC, Central Civil Services (Revised Pay) Rules, 2016 were notified and published on 25.07.2016 by Ministry of Finance, Government of India.

4. Case set up by the Petitioners is that while other private schools have extended the benefits of 6th and 7th CPC recommendations to their Teachers and other employees, Management of the School has not implemented the said recommendations, despite the directives issued by the Government of NCT of Delhi vide Circulars dated 15.10.2008 and 17.10.2017 respectively, to that effect. Constrained by the inaction of the School, representation dated 20.09.2021 was made to the Managing Committee, followed by reminders, but to no avail, compelling the Petitioners to approach this Court for direction to the School to revise the salaries and emoluments.

5. Grievances of the Petitioners can be placed in two categories: (a) pay revision under 7th CPC; and (b) revision of pay under 6th CPC. Consequent arrears on account of refixation of salary and allowances are also sought. Contention of the Petitioners is that they are entitled to pay revisions under the 6th and 7th CPC at par with the employees of corresponding status in Schools run/aided by the Government, by virtue of provisions of Section 10(1) of the DSE&R, which have a binding force and ought to be complied with in letter and spirit and failure of the School to give similar treatment makes it liable for de-recognition under Section 4(1)(a) of the DSE&R. Components of the benefits claimed in the present petitions, as summarized in the writ petitions, are as follows:

6. It is urged by Ms. Ghosh that