MANJU SHARMA vs RAVINDRA PUBLIC SCHOOL & ANR.

2023-11-17 Information

* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Pronounced on: 17th November, 2023

+ W.P.(C) 3592/2022 & CM APPL. 10582/2022 & CM APPL. 44173/2023
ANJALI VAID AND ORS ….. Petitioner
Through: Mr. Nikhilesh Kumar, Advocate

versus

ADARSH WORLD SCHOOL AND ORS ….. Respondent
Through: Ms. Samdarshi Sanjay and Mr. Ashish Kr. Sharma, Advocates for R-1 and R-2
Mr. Yeeshu Jain, ASC with Ms. Jyoti Tyagi, Ms. Manisha and Mr. Hitanshu Mishra, Advocates for DOE
Mr. V. Balaji and Mr. Nizamudeen, Advocates for DOE

+ W.P.(C) 8686/2022 & CM APPL. 26198/2022 & CM APPL. 33894/2022 & CM APL.5289/2023 & CM APPL. 14301/2023 & CM APPL. 14302/2023 & CM APPL. 14303/2023
SMT RITU SINGHAL ….. Petitioner
Through: Mr. Nikhilesh Kumar, Advocate

versus

GOVT. OF N.C.T. OF DELHI & ANR. ….. Respondents
Through: Mr. Yeeshu Jain, ASC with Ms. Jyoti Tyagi, Ms. Manisha and Mr. Hitanshu Mishra, Advocates for R-1
Mr. V. K. Tandon and Mr. Pradeep Kumar, Advocates for R-2
Mr. Naushad Ahmed Khan, Advocate
+ W.P.(C) 7349/2023
DILIP SINGH AND ORS. ….. Petitioner
Through: Ms. Niyati Sharma and Mr. Saurabh K. Kaushik, Advocates

versus

GEETA BAL BHARTI SENIOR SECONDARY SCHOOL
& ORS. ….. Respondents
Through: Ms. Priyanka Garg, Advocate for R-1 and R-2
Mrs. Avnish Ahlawat, SC. With Ms. Palak Rohmetra, Ms. Laavanya Kaushik, Ms. Aliza Alam and Mr. Mohnish Sehrawat, Advocates for DOE
+ W.P.(C) 13270/2022
SATINDER TANDON ….. Petitioner
Through: Mr. Ashok Aggarwal, Mr. Anuj Aggarwal, Ms. Shreya Kukreti, Mr. Kumar Utkarsh, Ms. Shradha Adhikari and Mr. Manoj Kumar, Advocates
versus

PRUDENCE SCHOOL & ANR. ….. Respondents
Through: Mr. Gaurav Dhingra, Advocate for DOE

+ W.P.(C) 10904/2023
MANJU SHARMA ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates
versus

RAVINDRA PUBLIC SCHOOL & ANR. ….. Respondent
Through: Mr. Madhav Khurana, Ms. Jyoti Taneja, Mr. Samarth, Ms. Ishita and Mr. Aakash, Advocates for R-1
Ms. Latika Choudhury, Advocate for DOE
+ W.P.(C) 7402/2018 & CM APPL. 36034/2023
UMESH GAUBA ….. Petitioner
Through: Mr. Ashok Aggarwal, Mr. Anuj Aggarwal, Ms. Shreya Kukreti, Mr. Kumar Utkarsh, Ms. Shradha Adhikari and Mr. Manoj Kumar, Advocates
versus

MODERN CHILD PUBLIC SR SEC SCHOOL
(RECOGNIZED) & ANR ….. Respondent
Through: Mr. Udesh Puri and Mr. K. P. Sundar Rao, Advocates for School
Mr. Yeeshu Jain, ASC with Ms. Jyoti Tyagi, Ms. Manisha and Mr. Hitanshu Mishra, Advocates for DOE
Mr. Gaurav Dhingra, Advocate for DOE

+ W.P.(C) 10121/2018 & CM APPL. 39503/2018
SAMARTH SHIKSHA SAMITI ….. Petitioner
Through: Ms. Priyanka Garg, Advocate

versus

THE DIRECTOR, DIRECTORATE OF EDUCATION
& ANR ….. Respondent
Through: Ms. Latika Choudhury, Advocate for DOE
Mr. Rishikesh Kumar, ASC with Ms. Sheenu Priya, Mr. Sudhir Kumar Shukla, Mr. Muhammad Zaid, Mr. Sudhir and Mr. Sumit Choudhary, Advocates for GNCTD
+ W.P.(C) 10221/2018
SH. ASHOK KUMAR MAHESHWARI ….. Petitioner
Through:

versus

DIRECTOR OF EDUCATION AND ORS. ….. Respondent
Through: Mr. Gaurav Dhingra, Advocate for DOE
Ms. Priyanka Garg, Advocate for R-2

+ W.P.(C) 24/2019 & CM APPL. 30696/2019 & CM APPL.54961/2022 & CM APPL. 54962/2022 & CM APL.54974/2022 & CM APPL. 54975/2022
SH. NIRANJAN LAL AND ORS. ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates
versus

D. A. V. PUBLIC SCHOOL AND ORS. ….. Respondent
Through: Mr. Anurag Lakhotia and Mr. Udit Dwivedi, Advocates for R-1 and R-2
Mr. Naushad Ahmed Khan, Advocate for DOE
Mr. Yeeshu Jain, ASC with Ms. Jyoti Tyagi, Ms. Manisha and Mr. Hitanshu Mishra, Advocates for DOE

+ W.P.(C) 16556/2022
MRS. SAVITA KALRA AND OTHERS ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates

versus

DAV PUBLIC SCHOOL & ORS. ….. Respondent
Through: Mr. Anurag Lakhotia and Mr. Udit Dwivedi, Advocates for R-1 and R-2
Mr. Yeeshu Jain, ASC with Ms. Jyoti Tyagi, Ms. Manisha and Mr. Hitanshu Mishra, Advocates for DOE
Mr. V. Balaji and Mr. Nizamudeen, Advocates for DOE
+ W.P.(C) 5925/2023
MS.POONAM MITTAL & ANR. ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates

versus

GEETA BAL BHARTI SENIOR SECONDARY
SCHOOL & ANR. ….. Respondents
Through: Ms. Priyanka Garg, Advocate for R-1
Ms. Latika Choudhury, Advocate for DOE
Mr. Yeeshu Jain, ASC with Ms. Jyoti Tyagi, Ms. Manisha and Mr. Hitanshu Mishra, Advocates for DOE
+ W.P.(C) 4563/2021
RAVINDER KUMAR ….. Petitioner
Through: Mr. Ashim Vachher, Mr. Vinayak Uniyal and Mr. Kunal Lakra, Advocates
versus

BALVANTRAY MEHTA VIDYA BHAWAN ANGURIDEVI SHERSINGH MEMORIAL ACADEMY – MORNING SHIFT & ORS. ….. Respondents
Through: Ms. Meenakshi Kala, Advocate for R-1
Mrs. Avnish Ahlawat, SC. With Ms. Palak Rohmetra, Ms. Laavanya Kaushik, Ms. Aliza Alam and Mr. Mohnish Sehrawat, Advocates for DOE
Ms. Latika Choudhury, Advocate for DOE

+ W.P.(C) 11619/2021 & CM APPL. 35915/2021 & CM APPL. 41443/2021
MINI MONTEIRO & ORS. ….. Petitioner
Through: Mr. Ashok Aggarwal, Mr. Anuj Aggarwal, Ms. Shreya Kukreti, Mr. Kumar Utkarsh, Ms. Shradha Adhikari and Mr. Manoj Kumar, Advocates

versus

GURUSHARAN CONVENT SCHOOL & ORS. ….. Respondent
Through: Ms. Romy Chako, Mr. Jenis Francis, Mr. Rahul Sarkar and Mr. Bindeshwar Sahu, Advocates for R-1 and R-2
Ms. Latika Choudhury, Advocate for DOE

+ W.P.(C) 10152/2022 & CM APPL. 29447/2022 & CM APPL. 13933/2023
KESHU RANI SHARMA AND ORS. ….. Petitioner
Through: Mr. Ravin Rao and Mr. Akshit Rao, Advocates

versus

GOVT. OF NCT OF DELHI AND ORS. ….. Respondent
Through: Mr. Naushad Ahmed Khan, Advocate for DOE
Mr. Gaurav Dhingra, Advocate for DOE
Mr. Pramod Gupta, Ms. Sanya Jain, Ms. Utkarsha Srivastava, Ms. Pranjal Dhankar and Ms. Nicole, Advocates for R-3 and R-4

+ W.P.(C) 14599/2022
SANGEETA PURI ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarksh and Mr. Manoj Kumar, Advocates

versus

AHLCON PUBLIC SCHOOL & ANR. ….. Respondent
Through: Mr. Pulkit Tare and Mr. Aditya Shekhar, Advocates for R-1
Mr. V. Balaji and Mr. Nizamudeen, Advocates for DOE

+ W.P.(C) 14929/2022 & CM APPL. 2539/2023 & CM APPL. 2541/2023
RENU ARORA AND ORS ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarksh and Mr. Manoj Kumar, Advocates

versus

ST. MARGARET SENIOR SECONDARY SCHOOL
& ANR. ….. Respondent
Through: Mrs. Avnish Ahlawat, SC. With Ms. Palak Rohmetra, Ms. Laavanya Kaushik, Ms. Aliza Alam and Mr. Mohnish Sehrawat, Advocates for DOE
Mr. Gaurav Dhingra, Advocate for DOE
+ W.P.(C) 15614/2022
ASMA SYED ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarksh and Mr. Manoj Kumar, Advocates

versus

ARWACHIN BHARTI BHAWAN SENIOR SECONDARY SCHOOL & ANR. ….. Respondent
Through: Ms. Latika Choudhury, Advocate for DOE

+ W.P.(C) 15865/2022 & CM APPL. 23315/2023
MRS. REKHA WADHAWAN AND ORS ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarksh and Mr. Manoj Kumar, Advocates

versus

YUVASHAKTI MODEL SCHOOL & ANR. ….. Respondent
Through: Mr. Pramod Gupta, Ms. Sanya Jain, Ms. Utkarsha Srivastava, Ms. Pranjal Dhankar and Ms. Nicole, Advocates for R-1
Ms. Latika Choudhury, Advocate for DOE
+ W.P.(C) 17738/2022
NEELAM KAUSHIK ….. Petitioner
Through: Ms. Manoranjani Shaw, Advocate along with petitioner in person

versus

GOVERNMENT OF NCT OF DELHI AND ORS. ….. Respondent
Through: Ms. Latika Choudhury, Advocate for DOE

+ W.P.(C) 155/2023
MRS. ARATI BHATIA AND OTHERS ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarksh and Mr. Manoj Kumar, Advocates

versus

GD GOENKA PUBLIC SCHOOL & ANR. ….. Respondent
Through: Mr. Yeeshu Jain, ASC with Ms. Jyoti Tyagi, Ms. Manisha and Mr. Hitanshu Mishra, Advocates for DOE
Mr. Naushad Ahmed Khan, Advocate for DOE
+ W.P.(C) 707/2023
MS. SURABHI MEHTA ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates

versus

DAV PUBLIC SCHOOL & ORS. ….. Respondent
Through: Mr. Anurag Lakhotia and Mr. Udit Dwivedi, Advocates for R-1 and R-2
Mr. Naushad Ahmed Khan, Advocate for DOE
+ W.P.(C) 1120/2023
MRS. NEETA KHANNA & ANR. ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates

versus

+ W.P.(C) 1124/2023
BIMLA BABBAR & ORS. ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates

versus

DAV PUBLIC SCHOOL & ORS. ….. Respondent
Through: Mr. Anurag Lakhotia and Mr. Udit Dwivedi, Advocates for R-1 and R-2
Mr. Naushad Ahmed Khan, Advocate for DOE
Mr. Yeeshu Jain, ASC with Ms. Jyoti Tyagi, Ms. Manisha and Mr. Hitanshu Mishra, Advocates for DOE

+ W.P.(C) 1161/2023
MRS KRISHNA ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates
versus

+ W.P.(C) 710/2023
MRS. MADHU ARORA & ANR. ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates
versus

DAV PUBLIC SCHOOL & ORS. ….. Respondent
Through: Mr. Anurag Lakhotia and Mr. Udit Dwivedi, Advocates for R-1 and R-2
Mr. Yeeshu Jain, ASC with Ms. Jyoti Tyagi, Ms. Manisha and Mr. Hitanshu Mishra, Advocates for DOE
Mr. V. Balaji and Mr. Nizamudeen, Advocates for DOE
+ W.P.(C) 732/2023
MRS. SUDHA MEHTA & ANR. ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates
versus

+ W.P.(C) 712/2023
MRS. NORIN SHARMA & ANR. ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates
versus

AHLCON PUBLIC SCHOOL & ANR. ….. Respondent
Through: Mr. Pulkit Tare and Mr. Aditya Shekhar, Advocates for R-1
Mrs. Avnish Ahlawat, SC. With Ms. Palak Rohmetra, Ms. Laavanya Kaushik, Ms. Aliza Alam and Mr. Mohnish Sehrawat, Advocates for DOE
Mr. Yeeshu Jain, ASC with Ms. Jyoti Tyagi, Ms. Manisha and Mr. Hitanshu Mishra, Advocates for DOE

+ W.P.(C) 1917/2023
MRS. MALA TULI & ORS. ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates

versus

GD GOENKA PUBLIC SCHOOL & ANR. ….. Respondent
Through: Mr. Naushad Ahmed Khan, Advocate for DOE
Mr. Yeeshu Jain, ASC with Ms. Jyoti Tyagi, Ms. Manisha and Mr. Hitanshu Mishra, Advocates for DOE

+ W.P.(C) 2076/2023
MRS. JYOTI SHARMA & ANR. ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates
versus

GD GOENKA PUBLIC SCHOOL & ANR. ….. Respondent
Through: Mrs. Avnish Ahlawat, SC. With Ms. Palak Rohmetra, Ms. Laavanya Kaushik, Ms. Aliza Alam and Mr. Mohnish Sehrawat, Advocates for DOE
Mr. Yeeshu Jain, ASC with Ms. Jyoti Tyagi, Ms. Manisha and Mr. Hitanshu Mishra, Advocates for DOE

+ W.P.(C) 2090/2023
MRS. REKHA JARREL & ORS. ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates

versus

+ W.P.(C) 2091/2023
MRS. PRATIBHA KULSHRESTHA ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates

versus

AHLCON PUBLIC SCHOOL & ANR. ….. Respondent
Through: Mr. Pulkit Tare and Mr. Aditya Shekhar, Advocates for R-1
Mr. Yeeshu Jain, ASC with Ms. Jyoti Tyagi, Ms. Manisha and Mr. Hitanshu Mishra, Advocates for DOE
Mr. V. Balaji and Mr. Nizamudeen, Advocates for DOE

+ W.P.(C) 2229/2023
MRS. KUSUM GUPTA ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates

versus

DAV PUBLIC SCHOOL & ORS. ….. Respondent
Through: Mr. Anurag Lakhotia and Mr. Udit Dwivedi, Advocates for R-1 and R-2

+ W.P.(C) 4321/2023
VIKRAM ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates

versus

+ W.P.(C) 4778/2023
URMIL ARORA AND ORTHERS ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates

versus

GEETA BAL BHARTI SENIOR SECONDARY SCHOOL & ANR. ….. Respondents
Through: Ms. Priyanka Garg, Advocate for R-1
Ms. Latika Choudhury, Advocate for DOE
+ W.P.(C) 4793/2023
MRS. ANITA ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates

versus

RYAN INTERNATIONAL SCHOOL & ANR. ….. Respondent
Through: Ms. Romy Chako, Mr. Jenis Francis, Mr. Rahul Sarkar and Mr. Bindeshwar Sahu, Advocates
Mr. Gaurav Dhingra, Advocate for DOE

+ W.P.(C) 5290/2023
VANDANA MALIK AND OTHERS ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates

versus

RYAN INTERNATIONAL SCHOOL & ANR. ….. Respondent
Through: Ms. Romy Chako, Mr. Jenis Francis, Mr. Rahul Sarkar and Mr. Bindeshwar Sahu, Advocates
Mr. V. Balaji and Mr. Nizamudeen, Advocates for DOE

+ W.P.(C) 5717/2023
VINITA BALONI ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates

versus

AHLCON PUBLIC SCHOOL & ANR. ….. Respondent
Through: Mr. Pulkit Tare and Mr. Aditya Shekhar, Advocates for R-1
Mr. Yeeshu Jain, ASC with Ms. Jyoti Tyagi, Ms. Manisha and Mr. Hitanshu Mishra, Advocates for DOE
+ W.P.(C) 5767/2023
BHAVAYA TEHRI ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates
versus

AHLCON PUBLICSCHOOL & ANR. ….. Respondents
Through: Mr. Yeeshu Jain, ASC with Ms. Jyoti Tyagi, Ms. Manisha and Mr. Hitanshu Mishra, Advocates for DOE
Mr. V. Balaji and Mr. Nizamudeen, Advocates for DOE

+ W.P.(C) 6447/2023
SULEKHA DAS ….. Petitioner
Through: Mr. Nikhilesh Kumar, Advocate

versus

ASN SR. SECONDARY SCHOOL AND ORS ….. Respondent
Through: Mr. Yeeshu Jain, ASC with Ms. Jyoti Tyagi, Ms. Manisha and Mr. Hitanshu Mishra, Advocates for DOE
Mr. V. Balaji and Mr. Nizamudeen, Advocates for DOE

+ W.P.(C) 6465/2023
MONICA KAPAHI ….. Petitioner
Through: Mr. Nikhilesh Kumar, Advocate

versus

ASN SR. SECONDARY SCHOOL AND ORS ….. Respondent
Through: Mr. Yeeshu Jain, ASC with Ms. Jyoti Tyagi, Ms. Manisha and Mr. Hitanshu Mishra, Advocates for DOE
Ms. Latika Choudhury, Advocate for DOE

+ W.P.(C) 6486/2023
AHILYA MINOCHA ….. Petitioner
Through: Mr. Nikhilesh Kumar, Advocate

versus

ASN SR. SECONDARY SCHOOL AND ORS ….. Respondent
Through: Mr. Yeeshu Jain, ASC with Ms. Jyoti Tyagi, Ms. Manisha and Mr. Hitanshu Mishra, Advocates for DOE

+ W.P.(C) 10557/2023
MR. RAVINDRA KUMAR TANWAR AND
OTHERS ….. Petitioners
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates

versus

DELHI POLICE PUBLIC SCHOOL AND
OTHERS ….. Respondents
Through:

+ W.P.(C) 10584/2023
CHARANJEET KAUR ….. Petitioner
Through: Mr. Nikhilesh Kumar, Advocate

versus

GURU HARKRISHAN PUBLIC SCHOOL AND
ORS ….. Respondents
Through: Mr. Abinash K. Mishra and Mr. Gaurav Kr. Pandey, Advocates for R-2 to R-4
+ W.P.(C) 803/2019
SHAMA PARVEEN ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates

versus

SANATAN DHARAM VIDYA BHAWAN ….. Respondent
Through:

+ W.P.(C) 5565/2022 & CM APPL. 16557/2022
MRS. MAMTA KATARIA ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates

versus

ST PAULS DIOCESAN SCHOOL & ORS. ….. Respondent
Through: Mr. Prakhar Sharma and Mr. Swapnil Choudhary, Advocates for R-1 and R-2
Mr. Yeeshu Jain, ASC with Ms. Jyoti Tyagi, Ms. Manisha and Mr. Hitanshu Mishra, Advocates for DOE

+ W.P.(C) 5587/2022 & CM APPL. 16593/2022
MRS. SUSHMITA MASSEY ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates

versus

ST PAULS DIOCESAN SCHOOL & ORS. ….. Respondent
Through: Mr. Prakhar Sharma and Mr. Swapnil Choudhary, Advocates for R-1 and R-2
Ms. Latika Choudhury, Advocate for DOE
+ W.P.(C) 6333/2020
MS URMILA ….. Petitioner
Through: Mr. Ashim Vachher, Mr. Vinayak Uniyal and Mr. Kunal Lakra, Advocates

versus

BALVANTRAY MEHTA VIDYA BHAWAN ANGURIDEVI SHERSINGH MEMORIAL ACADEMY MORNING SHIFT & ORS. ….. Respondent
Through: Mr. Yeeshu Jain, ASC with Ms. Jyoti Tyagi, Ms. Manisha and Mr. Hitanshu Mishra, Advocates for DOE

+ W.P.(C) 6317/2023 & CM APPL. 44169/2023 & CM APPL. 44170/2023
SUNITA BHATIA ….. Petitioner
Through: Mr. Anil Kumar and Mr. Shailender Sharma, Advocates

versus

DAV PUBLIC SCHOOL AND OTHERS ….. Respondent
Through: Mr. Yeeshu Jain, ASC with Ms. yoti Tyagi, Ms. Manisha and Mr. Hitanshu Mishra, Advocates for DOE
Ms. Latika Choudhury, Advocate for DOE

+ W.P.(C) 11276/2023
MRS SHIKHA MEHRA & ANR. ….. Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates

versus

YUVASHAKTI MODEL SCHOOL & ANR. ….. Respondent
Through: Mr. Pramod Gupta, Ms. Sanya Jain, Ms. Utkarsha Srivastava, Ms. Pranjal Dhankar and Ms. Nicole, Advocates for R-1
Mr. V. Balaji and Mr. Nizamudeen, Advocates for DOE

+ W.P.(C) 11225/2021 & CM APPL. 3746/2023
VISHWA NATH PRASAD ….. Petitioner
Through: Mr. Ashok Aggarwal, Mr. Anuj Aggarwal, Ms. Shreya Kukreti, Mr. Kumar Utkarsh, Ms. Shradha Adhikari and Mr. Manoj Kumar, Advocates
versus

BAL BHAVAN PUBLIC SCHOOL & ANR. ….. Respondent
Through: Mr. Sudhir Naagar and Mr. Digvijay Chaudhary, Advocates for R-1
Mr. Yeeshu Jain, ASC with Ms. yoti Tyagi, Ms. Manisha and Mr. Hitanshu Mishra, Advocates for DOE
Mr. V. Balaji and Mr. Nizamudeen, Advocates for DOE

+ W.P.(C) 6848/2023
ANNIE DEAN ….. Petitioner
Through: Mr. Shekhar Nanavaty, Advocate

versus

ST MARTIN DIOCESAN SCHOOL AND ANR. ….. Respondent
Through: Mr. Yeeshu Jain, ASC with Ms. Jyoti Tyagi, Ms. Manisha and Mr. Hitanshu

CORAM:
HONBLE MR. JUSTICE CHANDRA DHARI SINGH

J U D G M E N T

CHANDRA DHARI SINGH, J.
1. This batch of writ petitions have been filed by various petitioners employed in the respondent schools at various Teaching and Non-teaching posts such as TGT, PET, PGT, PRT, Librarian, Assistant Teacher, NTT, Librarian, Lab Attendant, Lab Assistant, Sports Attendant, Assistant Librarian, Instructor Dance, Driver, Maid, Sweeper, Aaya, Yoga Teacher, Peon, Electrician, Mali, Housekeeper, Nurse etc. against the respondent schools, and also against the Government of NCT of Delhi through the Directorate of Education.
2. The petitioners by way of the above said petitions are seeking benefits of the 6th Central Pay Commission (hereinafter 6th CPC) along with the arrears, benefits under the 7th Central Pay Commission (hereinafter 7thCPC) along with the arrears, and retirement benefits such as gratuity, leave encashment, Dearness Allowance (hereinafter DA), Medical Allowance (hereinafter MA), House Rent Allowances (hereinafter HRA), Travel Allowances (hereinafter TA), etc., along with the interests and costs which are due as per the guidelines of 7th CPC. Some of the petitioners have also sought the benefits of Modified Assured Career Progression Scheme (hereinafter MACP).
3. The petitioners in the connected petitions seek similar reliefs, therefore, this Court deems it appropriate to list out the particulars, which have been gathered from these writ petitions in following manner:
S.NO.
PETITION NO.
STATUS
OF EMPLOYMENT
RELIEF SOUGHT
SCHOOL
1.
W.P. (C)-8686/2022
* The petitioner worked from July 2019 as a TGT (Hindi) with respondent school.

* For respondent no. 1 to implement its order dated 22nd November 2021, based on order dated 9th February 2016, passed in Mukesh Verma & Ors. Vs. Director of Education & Ors.
* For the payment of salary as per 6th and other benefits.
* For payment of 7th pay CPC.
* For the benefit of promotion to the post of PGT Hindi.
Private Unaided School
2.
W.P.(C)-7349/2023
* The petitioners nos. 1, 3, 4, 5, and 6 worked as PET, TGT, PGT, Establishment Office, and Chowkidar with respondent school, respectively.
* The petitioner no. 2 retired on 31st July 2021.
* For fixation, the payments in terms of 7th pay CPC from 1st January 2016.
* For the payment of arrears of salary, arising there from of superannuation along with interest @ 24% thereupon.
* For the payment of benefits of gratuity and leave encashment based on salaries in terms of 7th pay CPC from 1st January 2016.
* For the payment DA, HRA, TA, and MA as declared and revised by Govt. of Delhi and pay arrears along with interest @ 24% thereupon.
Private Unaided School
3.
W.P.(C)-13270/2022
* hThe petitioner worked as PRT with respondent school.
* For re-fixation of the salary and payment of the arrears of salary as per 6th pay CPC.
* For re-fixation of the salary and payment of the arrears of salary as per 7th pay CPC.
* For the payment of the retiral dues including gratuity,leave encashment along with interest @ 18% thereupon.
* For the payment of full salary from 9th February 2018, till 3rd August 2018, as per Rule 121 of Delhi School Education Rules, 1973.
* For the payment of full salary from 9th February 2018, till 3rd August 2018, as well as pay costs of Rs. 15,000/- for Order dated 12th October 2021, passed by Ld. Delhi School Tribunal in Appeal No. 62 of 2018.
Private Unaided School
4.
W.P. (C) 10904/2023
* The petitioner was working as Librarian with respondent school and continued till the date of her retirement.

* For payment of allowances and other benefits (including arrears of DA) in the terms of 6th pay CPC from 1st January 2006, accompanying with all the consequential benefits along with interest @ 24% thereupon.
* For payment of allowances and other benefits including arrears of DA in terms of 7th pay CPC from 1st January 2016, and the consequential benefits along with interest @ 24% thereupon.
Private Unaided School
5.
W.P.(C)-7402/2018
* The petitioner worked as Assistant Teacher with respondent school.
* For payment and revision of salary, allowances and other benefits as per 7th pay CPC.
* Thus, the 1st up gradation as per ACP scheme and 2ndup gradation according to MACP scheme, with all arrears along with interest @ 24% thereupon.
* For payment of Dearness Allowances as per notification issued by Govt. along with interest @ 24% thereupon.
* For payment of earned salary of May 2018, along with interest @ 24% thereupon.
Private Unaided
School
6.
W.P. (C) 10121/2018
* The petitioner is a registered society under the Societies Act.
* The respondent school had worked as Samarth Shiksha Smirti, which is a registered society that runs various schools on a charitable basis.
* For setting aside the impugned orders of 9th February 2018, & 31st July 2018, ordained by the DoE in the matter of Ashok Kumar Maheshwari vs. MCL Saraswati Bal Mandir School.

Private Unaided
School
7.
W.P. (C) 10221/2018
* The petitioner worked with respondents nos. 2 and 3.
* The respondent no. 4 is the governing society that has control over respondents nos. 2 and 3.
* oFor adhering to the orders passed by respondent no. 1; from respondents nos. 2 to 4, they have the responsibility to pay the amount in the name of respondent nos. 2, 3, 4, i.e., due in the name of the petitioner along with the deemed simple interest @ 9% thereupon, from 9th February 2018.
Private Unaided
School
8.
W.P.(C)-24/2019
* TThe petitioners nos. 1 to 6 working as TGT, PRT, NTT, Librarian, Lab Attendant, Lab Assistant, Sports Attendant, Assistant Librarian, Instructor Dance, Driver, Maid, Sweeper, Peon, Electrician, Mali, Housekeeper, Nurse, respectively with respondent school.
* For payment of salary, all allowances including arrears of DA as per 6th pay CPC.
* For fixation and payment of salary and arrears of salary and all benefits as per 7th pay CPC along with interest as per market rate.

Private Unaided
School
9.
W.P.(C)-16556/2022
* The petitioners nos. 1, 2, 3, 4, and 6 working as PRT, TGT, PGT, and Senior Assistant Teacher with respondent school.
* The petitioner no. 5 who has retired on 31st August 2020.
* For payment of salary, allowances and other benefits including arrears of DA as per 6th pay CPC.
* For payment of salary, allowances and other benefits including arrears of DA and retirement benefits gratuity and leave encashment as per 7th pay CPC along with interest @ 24% thereupon.
Private Unaided
School
10.
W.P.(C)-5925/2023
* The petitioners nos. 1 and 2 working as PGT and TGT with respondent school.

* For fixation of salary and payment of arrears of salary as per 7th pay CPC along with interest @ 24% thereupon.
* For payment of DA, HRA, TA and Medical Allowances along with interest @24% thereupon.
Private Unaided
School
11.
W.P.(C) 4563-2021
* The petitioner is a School Bus Driver working with respondent school.
* For fixation of salary and grant benefits as per 6th pay CPC.
* For fixation of salary and payment of arrears and other benefits as per 7th pay CPC interest @ 12% thereupon.
Private Unaided
School
12.
W.P.(C)11619-2021
* The petitioners nos. 1 to 14 have been working with respondent school as TGT, PGT, and Non-teaching staff.
* For fixation of the salary and Benefits as per 6th pay CPC.
* For fixation of the salary and Benefits as per 7th pay CPC along with appropriate interest thereupon.
* For payment of arrears of salary with annual interest @18% thereupon.
Minority Unaided School
13.
W.P.(C)-3592/2022
* The petitioners nos. 1 to 13 has been working with respondent school as permanent teachers.
* For payment of the arrears as per 7th pay CPC from 1st January 2016, along with interest thereupon.
* For release of the arrears as per 7th pay CPC along with payment of arrears of salary with annual interest thereupon.
Private Unaided
School

14.
W.P.(C)-10152/2022
* The petitioners nos. 1 to 67 working with respondent no. 4 as PGT, TGT, PRT, PPT, Lab Assistant, Librarian, Steno and Account Clerk.
* For payment of the arrears as per 7th pay CPC from 1st January 2016, to March 2019, Bonuses, PF, LTC, and MACPS along with interest @ 18% thereupon.

Private Unaided
School

15.

W.P.(C)-14599/2022
* The petitioner is working with respondent school as Pre-Primary Teacher.
* For revised pay scale, benefits as 7th pay CPC and payment of gratuity at enhanced rate along with interest as per market rate.
Private Unaided
School

16.
W.P.(C)-14929/2022
* The petitioners nos. 1 to 47 working with respondent school as Teaching and Non-teaching staff.

* FFor payment of the arrears of salary at 7th pay CPC 1st March 2016, till 31st July 2021, and DA @ 17% instead of 38%.
* FFor Payment of arrears of TA, DA, HRA to petitioners from 1st August 2021.
* FFor payment of Bonus which is due since 2013, till date.
Private Unaided
School

17.
W.P. (C) 15614/2022
* The petitioner worked with respondent school as PGT Commerce.
* For payment to Petitioner arrears of salary arising out of 7th pay CPC from 1st January 2016, along with interest @ 24% thereupon.
* For payment to DA, HRA, and TA as declared and revised by the Govt. Delhi along with interest @ 24% thereupon.
Private Unaided
School

18.
W.P. (C) 15865/2022
* The petitioner No. 1 has been working with respondent school as TGT (Science) since 16th July 1991.
* The petitioner no. 2 initially joined as TGT; afterwards she was promoted to post-PGT (Commerce) since 1st July 1999.
* The petitioner no. 3 worked as Assistant Teacher with respondent school from 2nd July 2007
* The petitioners nos. 4, 5, 8, and 13 worked as PRTs with respondent school from 13th July 1994, 06th July 1991, 2nd July 1997, and 10th August 1993 respectively.
* The petitioner no. 6 appointed as Assistant Teacher, afterwards promoted to TGT (Hindi) 13th July 1994. Later promoted to PGT (Hindi) 1st August 2016, since 12th September 1991.
* The petitioner no. 7 appointed as PRT 1st September 2014, and afterwards promoted to TGT (Science), since 3rd July 1995.
* The petitioner no. 9 appointed as Assistant Teacher on 1st August 2016 ,and working since 8th July 1993.
* The petitioner no. 10 appointed as TGT (Maths) on 1st September 2014, afterwards promoted to PGT (Maths), and working since 30th June 2008.
* The petitioner no. 11 appointed as PRT on 5th July 1998, afterwards promoted to PGT (English), and working since 25th July 1992.
* The petitioner no. 12 appointed as TGT (English) on 5th July 1998, afterwards promoted to PGT (English), and working since 25th July 1992.
* The petitioner no. 14 working as PRT, and retired on 31st May 2001, and working since 12th June 1991.
* The petitioner no. 15 appointed as TGT (Library) on 1st November 1991. Unfortunately died on 10th May 2021, and before her death she worked as Senior Librarian in respondent school.
* For payment to petitioners’ arrears of salaries arising out of 6th pay CPC from 1st January 2006, along with interest @ 24% thereupon.
* For payment to petitioners’ arrears of salaries arising out of 7th pay CPC from 1st January 2016, along with interest @ 24% thereupon.
* For payment to petitioner DA as declared and revised along with interest @ 24% thereupon.
* For payment to petitioner arrears of salaries arising out of 6th pay CPC from 1st January 2006, along with interest @ 24% thereupon.
* For payment to petitioner arrears of salaries I terms of 7th pay CPC along with interest @ 24% from 1st January 2016.

Private Unaided
School
19.
W.P.(C)-17738/2022
* The petitioner is working with respondent no. 2 as Teacher.
* For payment of all allowances including TA, DA, HRA, conveyance, and pay grade, ACP/MACD as per 5th, 6th, and 7th pay CPC along with interest @ 24% thereupon.
* For payment of arrears of allowances and other benefits as per 5th pay CPC.
Private Unaided
School
20.
W.P. (C) 155/2023
* The petitioners nos. 1, 2, 3 and 5 have been working as TGTs with respondent school.

* The petitioner no. 4 has been working as PGT with respondent school.

* For payment to petitioners’ recommendations of 7th pay CPC arrears of DA from 1st January 2016.
* For payment of dues to petitioners in regard TA, MA & SA along with the interest @ 24% thereupon.
* For payment to petitioner no. 4 all arrears of salary which was deducted @ 33% from June 2020, till January 2022.

Private Unaided
School

21.

W.P.(C)-707/2023

* The petitioner is working with respondent school as PRT (English).
* For payment of salary as per 7th pay CPC arrears of salary and allowances with interest @ 24%.
Private Unaided
School
22.
W.P.(C)-1120/2023

* The petitioners nos. 1 and 2 worked as Senior Teaching Staff with respondent school.

* For payment of arrears of salary and allowances with interest @ 24% thereupon, as well as the benefits as per 6th pay CPC.
* For payment of gratuity and leave encashment based on their salaries as per 6th pay CPC along with interest @ 24% thereupon.
Private Unaided
School

23.
W.P.(C)-1124/2023

* The petitioners nos. 1, 2 and 3 worked as PRT, TGT, and Nurse respectively with respondent school.
* For payment of salary and arrears of salary along with arrears of all allowances along with DA as per 6th pay CPC.
* For payment of salary and arrears of salary along with arrears of all allowances along with DA as per 7th pay CPC with interest @ 24% thereupon.
Private Unaided
School

24.
W.P.(C)-1161/2023
* The petitioner worked as Aaya with respondent school.
* For payment of salary and arrears of salary and all allowances along with DA as per 6th pay CPC.
* For payment of salary and arrears of salary and all allowances along with DA as per 7th pay CPC with interest @ 24% thereupon.
Private Unaided
School

25.
W.P.(C)-710/2023

* The petitioners nos. 1 and 2 worked as PGT and Non-teaching staff respectively with respondent school.
* For payment of salary and arrears of salary along with arrears of all allowances along with DA as per 6th pay CPC.
* For payment of salary and arrears of salary along with arrears of all allowances along with DA as per 7th pay CPC with interest @ 24% thereupon.
Private Unaided
School

26.
W.P.(C)-732/2023

* The petitioners nos. 1 and 2 worked as PGT with respondent school.
* For payment of salary and arrears of salary, arrears of all allowances along with DA as per 6th pay CPC.
* For payment of salary and arrears of salary, arrears of all allowances along with DA as per 6th pay CPC with interest @ 24% thereupon.
Private Unaided
School

27.
W.P.(C)-712/2023

* The petitioners nos. 1 and 2 worked as TGT and Yoga teacher with respondent school.
* For fixation of the salary, payment of gratuity and leave encashment and pay the arrears of DA, HRA, TA as per 7th pay CPC with interest @ 24% thereupon.
* For payment of benefits of gratuity and leave encashment as per 7th pay CPC.
* For payment of DA, HRA and TA at the rate declared and revised by Govt. of NCT Delhi along with interest @24% thereupon.
Private Unaided
School

28.
W.P. (C) 1917/2023
* The petitioners nos. 1, 2, 3, and 4 had retired from their service, wherein they worked as TGTs with the respondent school.

* For payment of arrears of salaries in terms of 7th pay CPC to the petitioners till date of their superannuation as well as allowances such as DA, HRA, TA, and MA along with the interests @ 24% thereupon.
* For payment of the benefits of gratuity and leave encashment based on their salaries regarding 7th pay CPC from 1st January 2016.
Private Unaided
School

29.
W.P. (C) 2076/2023
* The petitioners nos. 1 and 2 worked as PGT (Commerce), PGT (Biology), respectively with respondent school.
* For payment arrears of salaries in terms of 7th pay CPC to all petitioners from 1st January 2016, along with interest @ 24% thereupon.
* For payment of TA, MA and SA due to the Petitioners along with interest @ 24% thereupon.
Private Unaided
School

30.
W.P. (C) 2090/2023
* The petitioners nos. 1, 2 and 3 had retired from the service of respondent, wherein they worked as PRTs with respondent school.

31.
W.P. (C) 2091/2023
* The petitioner joined as Librarian TGT on 3rd April 1995, afterwards promoted to the post of Senior Librarian PGT on 1st November 2007. In addition, on 15th June 2020, the petitioner superannuated from the service.
* For payment to petitioner in terms of 7th pay CPC from 1st January 2016, also pay arrears of salary till date of superannuation and pay DA, HRA & TA along with interests @ 24%, thereupon.
* For payment of the benefits of gratuity and leave encashment based on salaries on recommendations of 7th pay CPC.

Private Unaided
School

32.
W.P. (C) 2229/2023
* The petitioner joined respondent school on the post of PRT, afterwards promoted to the post of TGT. In addition, on 30thJune 2017, the petitioner
superannuated from employment as Senior TGT.
* For payment of allowances and other benefits including arrears of DA in terms of 6th pay CPC from 1st January 2006, along with interest @ 24% thereupon.
* For payment of the benefits of gratuity and leave encashment based on salary of 7th pay CPC and pay, allowances including DA from 1st January 2016, along with interest @ 24% thereupon.
Private Unaided
School

33.
W.P. (C) 4321/2023
* The petitioner has been working as PGT (Mathematics) with respondent school, upon the submission of resignation notice, he was relieved from service.
* FFor payment to the petitioner in terms of 7th pay CPC from 1st January 2016, including arrears of salaries till 31st March 2021, along with interest @ 24% thereupon.For payment of DA, HRA and TA as per declared and revised by Govt. Of Delhi along with interest @ 24% thereupon.
Private Unaided
School

34.
W.P.(C)-4778/2023
* The petitioners nos. 1, 2, 3, 4 and 5 worked as TGT Librarian with respondent school.
* For payment of arrears of salary and grant benefits of gratuity and leave encashment, DA, HRA, TA and MA as per revised rates as per 7th pay CPC along with interest @ 24% thereupon.
* For payment of arrears of salary and grant benefits of gratuity and leave encashment, DA, HRA, TA and MA as per revised rates of Govt. of NCT of Delhi along with interest @ 24% thereupon.
Private Unaided
School

35.
W.P.(C)-4793/2023
* The petitioner worked as Assistant Teacher with respondent school.
* For payment of arrears of salary, 50% of remaining leaves encashment, benefits of gratuity and TA, DA, HRA as per 7th pay CPC along with interest @ 24% thereupon.
Private Unaided
School

36.
W.P.(C)-5290/2023
* The petitioners nos.1, 2, 3, 4, 5, and 6 worked as PRT, TGT, and Assistant Teacher with respondent school.
* For fixation of the salary and payment of the arrears of salary, DA, HRA and TA and grant the benefits of gratuity and leave encashment in terms with 7th pay CPC along with interest @ 24% thereupon.
Private Unaided
School

37.
W.P.(C)-5717/2023
* The petitioner worked as TGT with respondent school.
* For fixation of the salary and payment of the arrears of salary, and grant of the benefits of gratuity and leave encashment, DA, HRA, and TA as per 7th pay CPC along with interest @ 24% thereupon.
Private Unaided
School

38.
W.P.(C)-5767/2023
* The petitioner worked as TGT with Respondent school.
* For payment of arrears of salary, as per 7th pay CPC along with interest @ 24% thereupon.
* For payment of DA, HRA, TA, and gratuity for the service period from 13th July 2013, to 31st March 2014, and grant of benefits along with interest @ 24% thereupon.
Private Unaided
School

39.
W.P.(C)-6447/2023
* The petitioner worked as TGT with respondent school and retired on 31st November 2020.
* For payment of arrears of salary and all benefits as per 6th pay CPC along with interest thereupon.
* For payment of arrears of salary, all benefits and arrears of gratuity as per 7th pay CPC along with interest thereupon.
* For payment of arrears of gratuity in terms of 7th pay CPC along with interest thereupon.
Private Unaided
School

40.
W.P. (C) 6465/2023
* The petitioner appointed on probation as PRT by respondent nos. 1 and 2 on 3rd January 1994.
* For respondent nos. 1 and 2 to implement the 7th pay CPC under the directions of respondent school vide order dated 17th October 2017, from 1st January 2016, thus directed to pay all arrears, arrears of gratuity as per 7th pay CPC along with interest.
* For respondent nos. 1 and 2 to pay arrears of 6th pay CPC from 1st January 2006, along with interest.
Private Unaided
School

41.
W.P. (C) 6486/2023
* The petitioner appointed on probation as PRT (Science) by the respondent nos. 1 and 2 on 3rd July 1991.
* For respondent nos. 1 and 2 to implement the 7th pay CPC under the directions of respondent school vide order dated 17th October 2017, from 1st January 2016, thus directed to pay all arrears, arrears of gratuity as per 7th pay CPC along with interest.
* For directing respondent nos. 1 and 2 for payment of arrears of 6th pay CPC from 1st January 2006, along with interest.
Private Unaided
School

42.
W.P.(C)-10557/2023
* The petitioners nos. 1 to 61 worked as TGT, PRT, NTT, Librarian, and Lab Assistant with respondent school.
* FFor payment of the arrears of salary as per 6th pay CPC.
* FFor payment of the arrears of salary 1st July 2021, and onwards till date from 1st January 2016, to 31st March 2019, benefits of gratuity, DA, HRA, TA and grant of benefits as per 7th pay CPC along with interest @ 24% thereupon.
Private Unaided
School

43.
W.P.(C)-10584/2023
* The petitioner worked as establishment In charge with respondent school.
* For release of the gratuity as per revised norms, grant the terminal benefits, gratuity, leave encashment, payment of the arrears TA/DA, interest etc. as per 6th pay CPC.
* For release of the gratuity as per revised norms, grant the terminal benefits, gratuity, leave encashment, payment of the arrears TA/DA, interest etc. as per 7th pay CPC.
Minority Unaided School
44.
W.P.(C)-803/2019
* The petitioner worked as Nursery Teacher with respondent school.
* FFor payment of the arrears of salary and grant of benefits of gratuity and leave encashment, DA, HRA, TA and as per revised rates as per 6th pay CPC.
* For payment of the arrears of salary and grant of benefits of gratuity and leave encashment, DA, HRA, TA and as per revised rates as per 7th pay CPC along with interest @ 24% thereupon.
Private Unaided
School

45.
W.P. (C) 5565/2022
* The petitioner worked as a Librarian since 1st January 2000, with respondent school.
* For payment of arrears of salary arising out of 6th pay CPC from 1st January 2016, along with interest @ 24% thereupon.
* For fixation the payment in terms of 7th pay CPC from 1st January 2016, and pay arrears of salaries along with interest @ 24% thereupon.
* For payment of DA as declared and revised by Govt. Delhi also arrears along with interest @ 24% thereupon.
* For restoration of the salaries of the Petitioner for month of February 2020, along with interest @ 24% thereupon.
Private Unaided
School

46.
W.P. (C) 5587/2022
* The petitioner worked as Assistance Teacher since 1st April 2009, with respondent school.
* For payment of arrears of salary arising out of 6th pay CPC from 1st January 2016, along with interest @ 24% thereupon.
* For fixation the payment to petitioner in terms of 7th pay CPC from 1st January 2016, and pay arrears of salaries arising there from along with interest @ 24% thereupon.
* For payment of DA to the petitioner as declared and revised by Govt. Of Delhi and pay arrears along with interest @ 24% thereupon.
Private Unaided
School

47.
W.P.(C)-6333/2020
* The petitioner working as Art & Craft Teacher with respondent school.
* For fixation of salary and payment of arrears of salary, other allowances, and benefits NPL Bonus, LTC etc. as per 7th pay CPC along with interest @ 12% thereupon.
Private Unaided
School

48.
W.P.(C)-6317/2023
* The petitioner worked as Assistant Teacher with respondent school.
* For payment of arrears of salary, arrears of all allowances and DA and grant of benefit of gratuity and leave encashment as per 7th pay CPC with interest @ 24% thereupon.
* For payment forthwith to the petitioner interim amount already released to other employees as per 7th pay CPC.
* For payment to grant the above benefits to the petitioner with 24% interest thereupon.
Private Unaided
School

49.
W.P.(C)-11276/2023
* The petitioners nos. 1 and 2 worked as TGT and Assistant teacher with respondent school.
* For payment of the arrears of salary as per 6th pay CPC along with interest @ 24% thereupon.
* For payment of the arrears of salary as per 7th pay CPC along with interest @ 24% thereupon.
* For payment of arrears of salary which was illegally deducted along with interest @ 24% thereupon.
Private Unaided
School

50.
W.P.(C)-11225/2022
* The petitioner worked as Lab Attendant with respondent school.
* For fixation of salary and pay the salary and other benefits including arrears of DA etc. in as per 6th pay CPC.
* For fixation of salary and pay the salary and other benefits including arrears of DA etc. as per 7th pay CPC.
Private Unaided
School

51.
W.P.(C)-6848/2023
* The petitioner worked as TGT with respondent school.
* For payment of arrears of salary and arrears of all allowances along with DA as per 7th, pay CPC with interest @ 9% thereupon.
Minority Unaided School

4. The instant batch of petitions are bifurcated into the following categories:
1. First set of writ petition pertain to the allegations made on behalf of some of the petitioners with respect to the failure on the part of the respondent schools and Directorate of Education (hereinafter DoE) in proper implementation of the recommendations of the 6th CPC which has led to non-payment of arrears.
2. Second set of writ petition pertains to the submissions made on behalf of some of the petitioners that they are entitled to the salary and arrears, as per the recommendations of 7th CPC, and the same has not been implemented upon them, and in some cases only partially implemented.
3. Third set of writ petition pertains to the grievances of the petitioners who are retired and are seeking the arrears of retirement/terminal benefits as per the recommendations of 6th and 7th CPC such as DA, TA, MA etc.
5. It is the unanimous submissions of the learned counsel appearing on behalf of the petitioners that the respondent schools, contrary to the notifications issued by the DoE, have unnecessarily held the salaries and other consequential benefits of the Teaching and Non-Teaching staff, for which they are legally entitled to.
6. Pursuant to the alleged inaction and non-compliance of the directions of DoE on behalf of the respondent schools, the petitioners have prayed before this Court for issuance of directions to the respondent schools to pay the petitioners their salaries, retirement/terminal benefits and arrears along with the interests and costs accrued in terms of the 6th CPC and 7th CPC.
7. Since the grievance of the petitioners in this batch of petitions is similar/identical, this Court deems it appropriate to decide the issues framed hereinbelow by way of this common judgment. Hence, for the sake of convenience and for the purposes of adjudication of the peculiar issues involved, this Court has culled out the facts from writ petition bearing W.P. (C) No. 3592/2022.
FACTUAL MATRIX
8. The petition bearing W.P (C) No. 3592/2022, under Article 226 of the Constitution of India, has been filed on behalf of the petitioners seeking the following reliefs:
a) Issue a writ of mandamus, order or direction, directing the Respondent No. 1 and 2 to implement the 7thPay Commission as directed by the Respondent No.3 vide order dated 17.10.2017 w.e.f. 1.1.2016 and consequently direct the Respondent No. 2 and 3 to pay all arrears as per 7thPay Commission along with interest from 1.1.2016 till payment to the Petitioners No. 1 to 6;
b) Issue a writ of mandamus, order or direction, directing the Respondent No. 1 and 2 to release arrears towards 7thPay Commission along with interest to Petitioner Nos. 7 to 13 from 1.1.2016 to September 2019;
c) Issue a writ of mandamus, order or direction, directing the Respondent No.3, after hearing both the parties, pass a speaking and reasoned order on the complaint dated 13.3.2021 within a period of four weeks;
d) Pass such other order or orders as this Honble Court may deem fit and proper in the facts and circumstances of the present case.

9. The petitioners in the instant writ petition are seeking direction to implement the recommendation of 7th CPC and to pay arrears along with the interests, etc. The petitioners are stated to be the permanent teachers of respondent no. 1, namely Adarsh World School which is a private unaided recognized school and is run by the respondent no. 2 society, namely Sri Sankara Education Society. The respondent no. 3 is the Education Department, i.e., the Directorate of Education which regulates and governs the functioning of the schools recognized by it.
10. It is stated that the respondent no. 3 passed an order bearing no. DE.15(318)/PSB/2016/19786, dated 17th October 2017, whereby, it directed all the unaided private recognized school to implement 7th CPC recommendation w.e.f., 1st January 2016, and also framed guidelines for the same.
11. By way of the above said order, the respondent no. 3 directed to pay the first installment by 31st January 2018, and second installment by 30th June 2018. The respondent no. 3 again issued an order dated 9th October 2019, thereby, directing all the recognized unaided private schools to comply with the directions to implement the recommendation of 7th CPC. Thereafter, in October 2019, the respondent no. 1 & 2, implemented the recommendation of 7th CPC and paid the salary in terms of the recommendation of 7th CPC.
12. It has been stated by the petitioners that, the respondent school paid the salary as per the guidelines only to the petitioner nos. 7 to 13, however, petitioner nos. 1 to 6 were not paid in terms of 7th CPC. Further, the respondent nos. 1 & 2 did not pay the arrears of 7th CPC to the petitioner nos. 7 to 13 from 1st January 2016, till September 2019.
13. Meanwhile, in January 2019, the respondent no. 1 convened a meeting and informed the petitioners and other employees that they will take 50% as cash back from their salary, to which the petitioners opposed vehemently and refused.
14. Pursuant to the above, the petitioners lodged a complaint dated 13th March 2021, before the respondent no. 3. Subsequently, a representation dated 22nd November 2021, was made before the respondent no. 3 requesting it to pass a direction to the respondent no. 1 & 2, to implement the 7th CPC recommendation. The said representation was also sent to the respondent no. 1, but to no avail.
15. Thereafter, the respondent no. 3, in response to the RTI application made by the petitioners, sent a reply dated 6th December 2021, and enclosed a letter dated 1st October 2021, written to the respondent no. 1, wherein, the DoE had communicated to the respondent school regarding the complaint made by the petitioners against the respondent school.
16. The petitioners have further stated that the respondent no. 3 has neither passed any speaking order nor has taken any decision on the representation dated 22nd November 2021, hence, aggrieved by the same, the petitioners have approached this Court seeking implementation of the recommendations as per the 7th CPC, in their favour, claiming that they are legally entitled to the same.

SUBMISSIONS

(On behalf of the petitioners)
17. Learned counsel appearing on behalf of the petitioners submitted that the non-implementation of the 7th CPC recommendations by the respondent no. 1 & 2 despite notification by the respondent no. 3 DoE, is a blatant violation of Article 14, 16 and 21 of the Constitution of India.
18. It is submitted that the respondent DoE had passed an order dated 17th October 2017, whereby, it had directed all the private unaided recognized schools, such as the respondent no. 1, to implement the recommendations of the 7th CPC, to its employee.
19. It is further submitted that despite the above said directions issued by the DoE, the respondent school has failed to comply with the same in its true spirit. The said direction has not been fully implemented till date qua the petitioner nos. 1 to 6. The respondent no. 1 school has adopted pick and choose method illegally and arbitrarily, since it has implemented the above said directions only qua the petitioner nos. 7 to 13.
20. It is submitted that the petitioners are entitled for equal pay in accordance with the guidelines of 7th CPC and the same is mandated by the statutory provision mentioned under Section 10 of the Delhi School Education Act, 1973, (hereinafter DSE).
21. It is also submitted that according to Section 10 of the DSE, a recognized private schools pay scale and allowances, medical services, pension, gratuity, provident fund, and other permitted benefits must not be less than those of the employees in the same position at the schools run by the appropriate authority.
22. It is further submitted that violation of such express provisions is a flagrant abuse of the law and the same is also arbitrary in nature.
23. It is submitted that the petitioners are entitled to the arrears of their benefits/salaries w.e.f. 1st January 2016, and the respondent no. 1 school is duty bound to implement the same to all its employees in terms of the guidelines recommended in the 7th CPC.
24. It is submitted that the respondent no. 1 being an unaided private recognized school, has an obligation enjoined upon it under the DSE that it cannot evade its statutory responsibility and is bound to pay the statutory dues to the petitioners.
25. It is submitted that all the similarly situated schools have implemented the 7th CPC and have also cleared the arrears. It is thus, imperative for the respondent nos. 2 and 3 to implement the 7th CPC and clear all the arrears towards the same.
26. It is also submitted that the denial of any such implementation as submitted above, is violative of Articles 14 and 16 of the Constitution of India as well as of Section 10 of DSE.
27. It is submitted that the respondent school apart from not implementing the recommendations, are also illegally taking cash back from the petitioners from their salary, and such type of actions is unlawful and amounts to extortion. It is submitted that this type of practice needs to be stopped and such exploitation of the teachers/employees is to be viewed seriously.
28. It is submitted that the respondent school has initiated disciplinary proceedings against some of the petitioners and the same is baseless due to the reason that it has been initiated as a counterblast to the instant petition.
29. It is submitted that the teachers of Private Unaided or Private Unaided Minority Schools are entitled for the same perks and salary at par with the employee of government schools at the same position. It is further submitted that the conduct of the respondent unaided minority schools in not adhering to the mandate of the statute is a gross abuse of law.
30. It is submitted that the law of limitation is not applicable to the facts and circumstances of the present case, and in support of his arguments, the learned counsel for the petitioner has placed reliance upon the judgment passed in the matter of Keraleeya Samajam v. Pratibha Dattatray Kulkarni, 2021 SCC OnLine SC 853; Randhir Singh v. Union of India, (1982) 1 SCC 618; Kuttamparampath Sudha Nair v. Sri Sathya Sai Vidya Vihar, 2021 SCC OnLine Del 2511 and Frank Anthony Public School Employees’ Assn. v. Union of India, (1986) 4 SCC 707.
31. It is submitted that and the observations made in the matter of State of Orissa v. Mamata Mohanty, (2011) 3 SCC 436, is misplaced as in that case the notification was challenged after a period of 14 years before the High Court unlike in the instant petition.
32. Therefore, in view of the foregoing submissions, it is submitted that the instant petition may be allowed and the reliefs as prayed for be granted.
(On behalf of the respondent nos. 1 & 2)
33. Learned counsel appearing on behalf of the respondent no. 1 & 2 vehemently opposed the instant petition and submitted that the same is liable to be dismissed on the ground of limitation and also being devoid of any merits.
34. It is submitted that the writ petition seeking the aforesaid directions have been filed in February 2022, therefore, after the period of 3 years from 17th October 2017, when the DoE issued guidelines for implementation of 7th CPC. Henceforth, this Court has to first examine the issue whether the petitioners have approached the Court after substantial delay and laches. In support of its arguments, the respondent has relied upon the judgments State of Orissa v. Mamata Mohanty, (2011) 3 SCC 436 and Chennai Metropolitan Water Supply & Sewerage Board v. T.T. Murali Babu, (2014) 4 SCC 108.
35. It is submitted that this Court under Article 226 of the Constitution of India, has the discretion to refuse to exercise its jurisdiction in favour of a party who files writ petition after considerable delay and is otherwise guilty of laches. In such cases, the Court should exercise such discretion with utmost caution and care.
36. It is submitted that the respondent no. 1 & 2 are conceding to the fact that they are bound by the provisions of DSE, however, the obligations towards such mandatory provisions could not be fulfilled due to some major hindrances on the part of the DoE, i.e., the respondent no. 3.
37. It is submitted that the respondent school could not adhere to the statutory provisions in implementing the recommendations of the 7th CPC in its entirety due to the lack of funds available with them.
38. It is submitted that the respondent school has made numerous requests to the DoE to hike the tuition fees due to the economic difficulties it is facing, but to no avail. Further, due to the denial by the respondent no. 3 DoE to not hike the tuition fees, the school is unable to release the arrears of petitioner nos. 7 to 13, w.e.f. 1st January 2016, up to September 2019, and enhance the salaries and other allowances of petitioner nos. 1 to 6 w.e.f. 1st January 2016, till date.
39. It is submitted that the respondent no. 1 & 2, in compliance of Rule 180 (1) of Delhi School Education Rules, 1973 (hereinafter DSER), have been regularly filing its (i) financial accounts, receipts and payment accounts along with the income and expenditure, and balance sheet duly audited by a Chartered Accountant; (ii) budget estimates of receipts and payments for that particular session; (iii) enrolment of students, (iv) certificate of scholarship concessions given by school; (v) staff statement as on the end of a particular financial year, (vi) schedule of fee for that session & (vii) statement of disbursement of salary. It is therefore submitted that the respondent no. 1 & 2 has been adhering to the statutory mandate under the DSE and DSER.
40. It is also submitted that from the bare perusal of the financial statement for the year 2019-2020, it is apparent that the respondent no. 2 had an amount of Rs. 56,18,789,04/-, in excess of expenditure over income. Then, the respondent no. 2 had an amount of Rs. 4,60,377.39/- in excess of expenditure over income; for the year 2020-2021. Further, the respondent no. 2 had an amount of Rs. 29,82,452.10/- in excess of expenditure over income; for the year 2021-2022.
41. It is further submitted that in the preceding 3 financial years, the respondent no. 2 has been running into losses and has not been able to meet its expenditures, and the same is evident from the abovementioned financial statements.
42. It is also submitted that during the period of pandemic, the respondent school had to suffer from the economic slowdown. During the said period, DoE had issued various guidelines vide order dated 18th April 2020, 13th August 2020, 28th August 2020 and 1st July 2021, and the respondent school despite being unable to meet the expenses sufficiently, duly abided by the same.
43. It is further submitted the issue of financial crunch has been brought into the knowledge of the DoE numerous times and despite that, it has been adamant to not hike the tuition fee or any other component to recover the losses.
44. It is submitted that in absence of collection of school fees and other components as per the directions issued by the respondent no. 3, the collection of funds decreased substantially, thereby, effecting the financial position of the respondent no. 1, leading to difficulty in complying with directions to implement the recommendations of the 7th CPC.
45. It is further submitted that in order to cover the gap between the income and expenditure, and to generate funds, the respondent no. 2 made a proposal for enhancement of fee for the academic session 2022-23, however, no enhancement has been approved so far.
46. It is submitted that no cash backs are being taken from the petitioners and the same is merely a baseless allegation against the respondent school. Further, the respondent no. 2 is making payments towards the salaries of the petitioners in compliance to the directions issued by the respondent no. 3 DoE, only after making statutory deductions.
47. It is submitted that the respondent school is unable to meet its day-to-day expenditures and hence, the prayer of the petitioners as to their entitlement under the 7th CPC, are not denied but the respondent no. 1 & 2 undertakes to pay in the event of either the pending application for enhancement of tuition fee is allowed by the respondent no. 3 or they are able to arrange funds from other sources.
48. It is therefore submitted that in view of the foregoing submissions, the instant petition is liable to be dismissed.

(On behalf of the respondent no. 3)
49. Learned counsel appearing on behalf of respondent no. 3 submitted that the respondent no. 1 is an unaided private school which is recognized by the DoE under the provisions of DSE and DSER. The respondent no. 2, i.e., the managing committee of respondent no. 1 school is bound to comply with the provisions of DSE and DSER, and also by the orders and notifications issued by the DoE.
50. It is submitted that the managing committee of the respondent school is the appointing authority of its employees and is bound to follow the statutory provisions of the DSE and DSER in managing the day-to-day affairs of the school and to release all the benefits to its employees which are envisaged in DSE and DSER, and the directions issued by the respondent no. 3 in this regard from time to time.
51. It is submitted that as per sub-rule (xviii) of Rule 50 of DSER, the respondent no. 3, DoE may pass direction to any private unaided recognized school to furnish such reports and information as may be required by the Director from time to time, and to comply with such instructions of the appropriate authority or the Director, as may be issued to secure the fulfillment of the condition of recognition of school or the removal of deficiencies in the working of the school.
52. It is also submitted that the respondent no. 3, school has to abide by the terms and conditions of the employment and provisions of Section 10 of DSE which prescribes that a recognized private schools pay scale and allowances, medical services, pension, gratuity, provident fund, and other permitted benefits should not be less than those of the employees in the same position in the schools run by the appropriate authority.
53. It is submitted that the DoE has issued various office orders with respect to the implementation of 7th CPC recommendations in the schools including private unaided schools. DoE vide order dated 25th August 2017, issued directions to the private unaided schools for implementation of recommendation of 7th CPC w.e.f., 1st January 2016, in their schools and to pay the salaries, allowances etc. to its employees.
54. It is further submitted that similar directions were also issued by the DoE vide order dated 9th October 2019, whereby, the managing committees of all the private unaided schools were directed to implement the Central Civil Services (Revised Pay) Rules, 2016, with respect to their regular employees of the corresponding status as adopted by DoE for employees of the school owned by appropriate authority.
55. Therefore, in view of the foregoing submissions, it is submitted that the respondent no. 1 school is bound to fix the pay of the petitioners in terms of 7th CPC w.e.f. 1st January 2016, and to pay their salaries and arrears accordingly. Henceforth, the instant petition may be allowed and the reliefs as prayed for may be granted by this Court.
56. In rejoinder, it has been submitted on behalf of the petitioners that it is a matter of inquiry for the respondent no. 3 to scrutinize the financials of respondent no. 1 and 2 as well as the allegation pertaining to paucity of funds of the respondent school. It is submitted that if there was scarcity of funds then nothing prevented the respondent