Contempt petitions alleging non-compliance with directions to re-fix salaries under the 7th Central Pay Commission. Respondents stated salaries were re-fixed and arrears paid; claims for bonus and other emoluments are pending in a clarification application before the writ court. Petitions disposed of with liberty to revive.
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$~8 to 11
versus
REKHA AGGARWAL & ANR. ..... Respondents Through: Mr. Anurag Lakhotia, Advocate.
9 + CONT.CAS(C) 430/2021 POONAM SHARMA ..... Petitioner Through: Ms. Indrani Ghosh, Advocate.
versus
REKHA AGGARWAL & ANR. ..... Respondents Through: Mr. Anurag Lakhotia, Advocate. 10 + CONT.CAS(C) 443/2021 & CM APPL. 42202/2021 RAJEEV KUMAR DHINGRA ..... Petitioner Through: Ms. Indrani Ghosh, Advocate. versus
REKHA AGGARWAL & ANR. ..... Respondents Through: Mr. Anurag Lakhotia, Advocate.
KUTTAMPARAMPATH SUDHA NAIR ..... Petitioner
This is a digitally signed order.
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Through: Ms. Indrani Ghosh, Advocate.
versus
REKHA AGGARWAL & ANR. ..... Respondents
Through: Mr. Anurag Lakhotia, Advocate.
CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R
% 08.02.2024
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“xxx xxx xxx
39. Accordingly, the writ petitions deserve to be allowed. The School is directed to re-fix the salaries and other emoluments of the Petitioners applying the revised pay matrix under 7th CPC, in accordance with the order of the DOE dated 19.08.2016 and the Circular dated 17.10.2017, whereby the CCS (Revised Pay) Rules, 2016 were adopted. Petitioners shall be entitled to arrears with effect from 01.01.2016, the date from which the recommendations of 7th Pay Commission have been given effect. The School shall carry out the exercise of refixing the revised salaries and emoluments of the Petitioners within a period of four weeks from today and the payments shall be made accordingly hereinafter.
40. Ordinarily, this Court would have fixed a short time-frame for release of arrears, however, keeping into account the fact that the School is run by a Charitable Trust and the unprecedented effect of the Pandemic Covid-19, the School is given a time-frame of six months to clear the arrears. For the same reason, this Court is not awarding interest on payment of arrears.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 14:23:59
xxx xxx xxx”
MINI PUSHKARNA, J
FEBRUARY 8, 2024 ak
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 14:23:59
2 issues framed by the court
Whether the respondents complied with the writ court's direction to re-fix salaries and pay arrears under the 7th CPC.
Whether petitioners are entitled to additional dues such as bonus and allowances under Section 10(1) of the Delhi School Education Act, 1973.
2 provisions across 2 enactments
Bibha Joshi Sharma
Poonam Sharma
Rajeev Kumar Dhingra
Kuttamparampath Sudha Nair
Rekha Aggarwal
Mini Pushkarna
As recorded by the court registry
Proceedings for wilful disobedience of a court order under the Contempt of Courts Act 1971.
Judgements on the same questions, provisions and authorities, from every court
