Neutral Citation Number : 2023:DHC:2745-DB

LPA 304/2023

Page 1 of 17

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment reserved on: 18 April 2023

Judgment pronounced on: 25 April 2023

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LPA 304/2023 & CM APPL. 18859/2023, CAV 195/2023

D.A.V. COLLEGE MANAGING COMMITTEE, THROUGH

ITS GENERAL SECRETARY

..... Appellant

Through:

Ms. Pinky Anand, Sr. Advocate

with Ms. Saudamini Sharma,

Mr. Anurag Lakhotia and Mr.

Udit Dwivedi, Advocates.

versus

SEEMA ANIL KAPOOR & ANR.

..... Respondents

Through:

Mr. Sermon Rawat, Mr. Vikas

Rathee

and

Ms.

Aastha

Vishwakarma, Advocates.

Mr. Yeeshu Jain, Standing

Counsel with Ms. Jyoti Tyagi

and Ms. Manisha, Advocates

for Respondent/DOE.

CORAM:

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE YASHWANT VARMA

J U D G M E N T

1.

The Managing Committee of the D.A.V. College has

approached this Court assailing the validity of an interim direction

dated 02 March 2023 framed by the learned Single Judge in a pending

writ petition. In terms of the order impugned the learned Single Judge

taking note of the claim of the petitioners who were seeking benefits

Digitally Signed

By:NEHA

Signing Date:25.04.2023

15:35:41

Signature Not Verified

Neutral Citation Number : 2023:DHC:2745-DB

LPA 304/2023

Page 2 of 17

of pay revision under the 6^th and 7^th Central Pay Commission¹ along

with other benefits, has called upon the appellant to refix the pay band

of the petitioners in accordance with the 6^th CPC and to release arrears

within four weeks. It has been further observed that it would be open

for the appellant while disbursing arrears to make appropriate

adjustments bearing in mind any amounts that may have already been

released while implementing the recommendations of the CPC.

2.

The aforesaid interim order is assailed solely on the ground of

the claim raised in the writ petition being barred by delay and laches.

The writ petition was filed originally in April 2021 seeking the

absorption of the petitioners in a recognised school run by the D.A.V.

College Managing Committee as well as for the release of arrears of

salaries and other dues as flowing from the 6^th and 7^th CPCs‟. As per

the appellants, the school in question had sought closure permission in

2014. That permission was not granted. It is further disclosed in the

appeal that while initially the writ petition had dealt with the validity

of a transfer order dated 26 March 2021, ultimately the issue of

asserted arrears payable in terms of the 6^th and 7^th CPCs came to be

raised. It was while dealing with the aforesaid issue that the

impugned order of 02 March 2023 came to be passed.

3.

Ms. Anand, learned senior counsel appearing in support of the

appeal has questioned the validity of the aforesaid order contending

that the claim as raised is clearly hit by laches, a principle which must

necessarily be recognised to apply bearing in mind the principles

enunciated by the Supreme Court in Rushibhai Jagdishchandra

1 CPC

Digitally Signed

By:NEHA

Signing Date:25.04.2023

15:35:41

Signature Not Verified

Neutral Citation Number : 2023:DHC:2745-DB

LPA 304/2023

Page 3 of 17

Pathak v. Bhavnagar Municipal Corporation².According to Ms.

Anand, Rushibhai reiterates the salient principles which were

propounded by the Supreme Court in Union of India v. Tarsem

Singh³ and which had held that stale claims should not be

countenanced by High Courts in exercise of their writ jurisdiction.

Ms. Anand further submitted that even if the question of arrears were

to be considered, the claim could have at best been entertained for the

period of three years immediately preceding institution of proceedings

before this Court. According to learned senior counsel, the interim

directions, if permitted to hold the field, would place a huge financial

burden upon the appellant and in any case amount to the recognition

of a claim which is clearly barred by laches.

4.

It is pe