A court order finalizing the liability of a private unaided school to pay salary arrears as per the 6th Pay Commission is binding and cannot be revisited through subsequent interlocutory applications, especially when established facts regarding the school's status are already settled.

O R D E R

CM APPL. 48201/2019 (for modification of order dated 19th August, 2019) & CM APPL. 11248/2026 (for recalling of order 19th August, 2019)

1. The present writ petition stood disposed of vide order dated 19th August, 2019, whereby directions were issued for payment of salaries to the Petitioners in terms of the 6th Central Pay Commission, subject to the apportionment of liability between the Respondent School and the Government of NCT of Delhi. The same reads as follows:

“Vide the present petition, the petitioners seek directions thereby to direct the respondents to pay salaries as per 6th Pay Commission till date with interest @ 12% p.a. from the due date until the date of payment. It is not in dispute that 6th pay commission came into force w.e.f. 01.01.2006 and the petitioners are working in the respondents-school before 01.01.2006. However, the present petition is filed in the year 2018. Counsel for the respondent nos.1 & 2 submits that the school is aided school and the school management is ready to deposit 5 % of the salary and rest 95% has to be paid by the Govt. of NCT of Delhi. Accordingly, I hereby dispose of the present petition directing the respondent nos.1 & 2 to deposit 5% from 01.01.2006 till date within two months from the receipt of this order. On deposit of 5% by the respondent nos. 1 & 2, the respondent no.3/Govt. of NCT of Delhi is directed, to release 95% grant in aid and within one week thereafter, the salary shall be paid to the petitioners. Since the petitioners have filed the writ petition in the year 2018 whereas the 6th pay commission came into force w.e.f. 01.01.2006, therefore, I am not inclined to pass any order regarding interest in favour of the petitioners. The petition is disposed of accordingly.”

2. Subsequently, upon an application preferred by the Directorate of Education, the said order came to be modified vide order dated 24th January, 2024, clarifying that the Respondent No.1 is a recognised unaided private school, and consequently, the entire liability towards arrears of salary is to be borne by the said Respondent, while leaving the remaining directions contained in the order dated 19th August, 2019 undisturbed. The same reads as follows:

“CM APPL. 48201/2019

1. This is an application filed on behalf of DoE, GNCT of Delhi seeking modification of the order/judgment dated 19.08.2019, whereby this Court had disposed of the present writ petition with certain directions.

2. Mr. Naushad Ahmed Khan, learned counsel for the respondent GNCT of Delhi submits that an error crept in at the time while the judgment dated 19.08.2019 was passed by this Court, in that, it was noted that the school-respondent no.1 is a Government aided school and as such the direction to pay the arrears of salary to the extent of 95% had to be defrayed by the GNCT of Delhi and the remaining 5% of the said arrears of the salary of the petitioner was to be defrayed by respondent no.1-school.

3. Mr. Khan submits that the said observation is erroneous, since it is undisputed that the respondent no.1 is a recognized but unaided private school and as such the liability of payment of arrears of salary to the extent of 100% is that of respondent no.1 alone.

4. Mr. Khan, learned counsel draws attention of this Court to the affidavit filed on 21.04.2023 by respondent no.1 school, particularly para-2, where the respondent no.1 admits that inadvertently in the impugned order, the school was mentioned as an aided school, however, the school is a private unaided school.

5. From the aforesaid affidavit filed on behalf of respondent no.1, it is apparent that there has been an error in the noting made by this Court in the judgment dated 19.08.2019. To that extent, the same stands co