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2023 Supreme(Online)(Del) 19701

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 2nd June, 2023 + W.P.(C) 6521/2021 ANCHLA AND ORS ..... Petitioners Through: Mr. Anmol Panwar, Mr. Hemant Baisla, Mr. Ankit Singh and Mr.

Shubham Tomar, Advocates versus GREENFIELDS PUBLIC SCHOOL AND ANR ..... Respondents Through: Mr. Kamal Gupta, Mr. Sparsh Aggarwal and Ms. Paridhi Bist, Advocates for R-1.

Mr. Gaurav Dhingra, Advocate for R-2.

Mr. Sujeet Kumar Mishra, Mr. Anil Kumar and Mr. Kartiik Kumar, Advocates also for R-2.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

JUDGEMENT

JYOTI SINGH, J. (ORAL)

1. Present writ petition has been filed by the Petitioners seeking 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.”

2. Petitioners are serving/retired employees of Greenfields Public School/Respondent No.1 herein (hereinafter referred to as ‘the School’) and were appointed as PGT/TGTs/Assistant Teachers/Lab Assistants/PRT respectively and through the present writ petition seek benefits of pay revision under 7th CPC along with consequential benefits as also financial upgradation(s) under the Modified Assured Progression Scheme (‘MACP’), introduced by Government of India vide DoPT O.M. dated 19.05.2009, pursuant to the recommendations of 6th CPC. Respective dates of appointments and other necessary details of the Petitioners are given hereunder in a tabular form:-

PETITIONERS DATE OF APPOINTMENT DESIGNATION
Petitioner No. Ms. Anchla 1/ 01.08.1986 TGT (Natural Science)
Petitioner No. Mr. Ramesh Chandra 2/ 19.11.1994 Lab Assistant
Petitioner No. Mr. Satyendra Prakash Dixit 3/ 11.07.1990 TGT (Maths & Physics) (promoted as PGT (Physics) on 01.08.1998 and retired on 30.11.2018)

Petitioner No. Mr. Akhtar Ali 4/ 15.09.1983 Lab Assistant (retired on 31.08.2018)
Petitioner No. Ms. Sarita Mathur 5/ 01.08.1985 TGT (Science) (retired in July, 2016)
Petitioner No. Ms. Alka S. Kapre 6/ 05.07.1985 Assistant Teacher (later appointed as TGT on 31.03.1990 and promoted as PGT in 1998 and retired on 30.09.2017)
Petitioner No. Ms. Saroj Arora 7/ 04.07.1986 TGT (retired on 30.04.2019)
Petitioner No. Ms. Sangeeta Saini 8/ 20.07.1982 Assistant Teacher (promoted as TGT on 01.07.2014 and retired on 31.08.2021)
Petitioner No. Ms. Meena Kalia 9/ 06.08.1987 TGT (retired on 30.09.2021)
Petitioner No. Ms. Shobha Singh 10/ 21.07.1987 TGT (appointed as PGT (English) on 01.07.1989 and retired on 31.03.2019)
Petitioner No. Mr. Pulkit Sinha 11/ 02.09.1985 TGT (promoted as PGT (English) on 01.04.2008 and retired on 30.08.2021)
Petitioner No. Ms. Saroj Arora 12/ 05.07.1980 Assistant Teacher (promoted as TGT on 04.07.1986 and retired on 31.01.2018)
Petitioner No. Mr. Beryl Sewak 13/ 02.09.1985 Nursery/Teacher Assistant
(retired on 31.01.2020)
Petitioner No. Ms. Rekha Chopra 14/ 01.07.2002 PGT (Chemistry) (retired on 30.06.2017)
Petitioner No. Ms. Bharti Kumar 15/ PRT (English) (promoted as TGT (English) on 01.07.1987

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