Neutral Citation Number: 2023/DHC/000018

$~83, 86, 87, 88 & 89

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

83 +

W.P.(C) 2353/2022

MEENU SACHDEV

..... Petitioner

Through:

Ms. Indrani Ghosh, Advocate.

versus

MANAGING COMMITTEE SRI SATHYA SAI VIDYA

VIHAR AND ANR.

..... Respondent

Through:

Mr.

Anurag

Lakhotia

and

Mr. Udit Dwivedi, Advocates for R-1.

Mr. Yeeshu Jain, Additional Standing

Counsel with Ms. Jyoti Tyagi, Advocate for

R-2.

86 +

W.P.(C) 2387/2022

RITA DIWAN

..... Petitioner

Through:

Ms. Indrani Ghosh, Advocate.

versus

MANAGING COMMITTEE SRI SATHYA SAI VIDYA

VIHAR & ANR.

..... Respondents

Through:

Mr.

Anurag

Lakhotia

and

Mr. Udit Dwivedi, Advocates for R-1.

Mr. V. Balaji and Mr. Nizamuddin,

Advocates for R-2.

87 +

W.P.(C) 2396/2022

SEEMA ARORA

..... Petitioner

Through:

Ms. Indrani Ghosh, Advocate.

versus

MANAGING COMMITTEE SRI SATHYA SAI VIDYA

VIHAR & ANR.

..... Respondents

Through:

Mr.

Anurag

Lakhotia

and

Mr. Udit Dwivedi, Advocates for R-1.

Mr. Yeeshu Jain, Additional Standing

Signed By:KAMAL KUMAR

Signing Date:05.01.2023

23:28:13

Signature Not Verified

Neutral Citation Number: 2023/DHC/000018

Counsel with Ms. Jyoti Tyagi, Advocate for

R-2.

Ms. Latika Choudhary, Advocate also for

R-2/DOE.

88 +

W.P.(C) 2397/2022

JAYATI MOZUMDAR

..... Petitioner

Through:

Ms. Indrani Ghosh, Advocate.

versus

MANAGING COMMITTEE SRI SATHYA SAI VIDYA

VIHAR & ANR.

..... Respondents

Through:

Mr.

Anurag

Lakhotia

and

Mr. Udit Dwivedi, Advocates for R-1.

Mr. Yeeshu Jain, Additional Standing

Counsel with Ms. Jyoti Tyagi, Advocate for

R-2.

89 +

W.P.(C) 2424/2022

VARUNA SHARMA

..... Petitioner

Through:

Ms. Indrani Ghosh, Advocate.

versus

MANAGING COMMITTEE SRI SATHYA SAI VIDYA

VIHAR & ANR.

..... Respondents

Through:

Mr.

Anurag

Lakhotia

and

Mr. Udit Dwivedi, Advocates for R-1.

Mr. Yeeshu Jain, Additional Standing

Counsel with Ms. Jyoti Tyagi, Advocate for

R-2.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

JUDGEMENT

JYOTI SINGH, J. (ORAL)

1.

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

Signed By:KAMAL KUMAR

Signing Date:05.01.2023

23:28:13

Signature Not Verified

Neutral Citation Number: 2023/DHC/000018

the recommendations of the 7^th Pay Commission w.e.f. 01.01.2016

and correct fixation of salaries from 01.01.2006 giving the benefit of

pay revision under 6^th 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:

Sl.

No.

Writ Petition

Name

Date of

Appointment

Subject

1. W.P.(C)

2353/2022

Meenu

Sachdev

04.07.1991

TGT

2. W.P.(C)

2387/2022

Rita Diwan

01.08.1997

TGT (ENGLISH)

3. W.P.(C)

2396/2022

Seema Arora

July, 1998

PRT

4. W.P.(C)

2397/2022

Jayati

Mozumdar

20.07.1998

PGT

(CHEMISTRY)

5. W.P.(C)

2424/2022

Varuna

Sharma

01.07.1996

TGT (SCIENCE)

3.

Pursuant to the recommendations of the 6^th Central Pay

Commission (CPC), Central Civil Services (Revise