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IN THE HIGH COURT OF DELHI
V. Kameswar Rao, J.
Shikha Sharma - Appellant
Versus
Guru Harkrishan Public School - Respondent
W.P.(C) 3746 of 2020 and W.P.(C) 6407 of 2018, CM No. 32146 of 2021 etc.
Decided On : 16-11-2021
| Table of Content |
|---|
| 1. writ petitions filed for pay commission benefits. (Para 1 , 6) |
| 2. petitioners seek various financial entitlements. (Para 2 , 3 , 4 , 5) |
| 3. court addresses non-implementation of pay commission benefits. (Para 7 , 9 , 11) |
| 4. legal entitlement to equal pay for minority school employees. (Para 17 , 20) |
| 5. directives issued for payment and compliance. (Para 26 , 28) |
V. Kameswar Rao, J.
CM No. 33885/2021 in W.P.(C) 13997/2018
CM Nos. 28326/2021 & 28327/2021 in W.P.(C) 11151/2019
CM No. 33887/2021 in W.P.(C) 11594/2019
CM No. 33892/2021 in W.P.(C) 12006/2019
CM No. 875/2021 in W.P.(C) 332/2021
CM No. 27509/2021 in W.P.(C) 8842/2021
Exemption allowed subject to all just exceptions.
Applications are disposed of.
CM No. 33884/2021 in W.P.(C) 13997/2018
CM No. 33651/2021 in W.P.(C) 5488/2019
CM No. 28325/2021 in W.P.(C) 11151/2019
CM No. 27415/2021 in W.P.(C) 11152/2019
CM No. 33886/2021 in W.P.(C) 11594/2019
CM No. 33891/2021 in W.P.(C) 12007/2019
CM No. 33883/2021 in W.P.(C) 12039/2019
CM No. 4106/2021 in W.P.(C) 8967/2020
CM No. 22890/2021 in W.P.(C) 5513/2019
CM No. 27421/2021 in W.P.(C) 11819/2018
These applications are for early hearing of the respective writ petitions. The writ petitions have been heard and reserved for judgment. These applications are disposed of as having been allowed.
CM No. 6738/2020 in W.P.(C) 11236/2019
This application has been filed by the respondent seeking extension of time for filing the counter-affidavit by four weeks. It is seen from the record that counter-affidavit has not been filed. Since, I have heard the parties finally, this application is dismissed as infructuous.
W.P.(C) 6407/2018, W.P.(C) 7105/2018, W.P.(C) 12484/2018, W.P.(C) 13997/2018, W.P.(C) 5488/2019, W.P.(C) 5834/2019, W.P.(C) 11151/2019, W.P.(C) 11152/2019, W.P.(C) 11236/2019, W.P.(C) 11594/2019, W.P.(C) 12006/2019, W.P.(C) 12007/2019, W.P.(C) 12039/2019, W.P.(C) 1521/2020, W.P.(C) 3595/2020, W.P.(C) 3703/2020, W.P.(C) 3746/2020, W.P.(C) 5785/2020, W.P.(C) 8967/2020, W.P.(C) 777/2021, W.P.(C) 332/2021, W.P.(C) 1756/2021, W.P.(C) 1898/2021, W.P.(C) 4735/2021, W.P.(C) 6836/2021, W.P.(C) 8842/2021, W.P.(C) 9706/2021, W.P.(C) 9721/2021, W.P.(C) 10514/2021, W.P.(C) 10678/2021, W.P.(C) 10679/2021, W.P.(C) 10713/2021, W.P.(C) 10758/2021, W.P.(C) 10929/2021, W.P.(C) 11019/2021, W.P.(C) 11025/2021, W.P.(C) 11030/2021 & W.P.(C) 5513/2019
1. This batch of writ petitions have been filed by the Teachers of Guru Harkrishan Public Schools and also the Association being Guru Harkishan Public School Staff Welfare Association against the Directorate of Education and the Delhi Sikh Gurudwara Management Committee (`DSGMC', for short)/Guru Harkrishan Public School, New Delhi (`GHPS', for short) seeking benefits of the 6th Central Pay Commission (`6th CPC', for short) along with the arrears, benefits under the 7th Central Pay Commission (`7th CPC', for short) and arrears, and retiral benefits such as gratuity, leave encashment along with interest and costs. Some of the petitioners have also sought dearness allowance, transport allowance, benefits of 2nd MACP, 3rd MACP and retiral benefits. Since the grievance of the Teachers in these petitions is similar/identical, I deem it appropriate to decide them through this combined judgment/order. For the sake of convenience, I have culled out the facts from writ petition No.3746/2020 for the purpose of deciding the issues arising from these petitions.
2. This petition has been filed by the petitioner with the following prayers:
"In the light of the above-mentioned facts and circumstances, it is respectfully prayed that this Hon'ble Court may be pleased to:
i) Issue a writ of mandamus, or any other appropriate writ order or directions in the nature of Mandamus directing the Respondents No.1 and 2 to release the arrears of 6th Pay Commission as per the guidelines and recommendations of 6th Pay Commission (after fixing the salary scale) along with interest @ 12% p.a.; and
ii) Issue a Writ,
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....
The Delhi School Education Act mandates private schools comply with government salary norms for employees, irrespective of financial status, reinforcing the principle of statutory obligation over har....
The Delhi School Education Act mandates private schools to align salaries of their employees with those of corresponding positions in government institutions, regardless of the school's financial sta....
Financial hardship is not a valid defense for private schools to deny compliance with statutory wage mandates under the Delhi School Education Act.
Teachers - Teachers cannot be left on a wing and a prayer. They must be released their rightful dues without any further delay. As they are being made to discharge COVID-19 duties at the instance of ....
Private unaided schools are obligated to pay teachers as per the 6th CPC and ACP/MACP Scheme under the DSEAR Act, 1973, irrespective of financial difficulties.
The main legal point established in the judgment is that employees of unaided minority Schools are entitled to the benefits of the recommendations made by the 6th and 7th CPC reports, and the benefit....
Private school employees are entitled to salaries and benefits under the 6th and 7th CPC as mandated by the Delhi School Education Act, 1973, and coercion faced by employees to waive their rights is ....
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