HC division bench stays order to form committee for overseeing implementation 7th pay panel guidelines for staff at unaided schools

New Delhi [India], November 24 : The division bench of Delhi High Court on Friday stayed a single bench order to the Delhi government to constitute a high-powered committee (HPC) to supervise the implementation of recommendations and guidelines of the sixth and seventh Central Pay Commission (CPC) with regard to the payment of salaries and arrears to staff of private unaided schools and recognised private unaided minority schools.
The bench, headed by Acting Chief Justice Manmohan and also comprising Justice Mini Pushkarna, while issuing notice to the Delhi Government and School in an appeal filed by 47 teachers against Single Judge Judgement on November 17, stayed the constitution of two High Power Committees as directed by the single judge for redressal of pay commission, etc. issues.
Advocate Ashok Agarwal, appearing for appellants/teachers, argued that the formation of committees will retard the whole process instead of accelerating it. The next date in the matter has been fixed for January 15, 2024.
The single bench, on November 17, observed that it is a sorry state of affairs that the staff of the school instead of contributing towards the education of the children, are before this Court seeking payment of their salary and emoluments as per Pay Commission's recommendations, which they are duly entitled to.
"This court deems it necessary to authorize and constitute an independent Committee for meticulous inspection of the claims raised by the petitioners and the members thereto, and shall decide the same keeping in mind the various factors, said the Bench in the order passed on November 17," the bench observed.
The bench added, "In the interest of justice, this Court is directing the Government of National Capital Territory of Delhi to constitute a High-Powered Committee 'unless the same is already constituted, to supervise the implementation of recommendations and guidelines prescribed in the 6th and 7th CPC with regards to the salaries and arrears thereto, retirement/terminal benefits, arrears of allowances etc. and to draw up a plan of action which may help in achieving results at the ground level."
The various stakeholders were also directed to render full cooperation to the aforesaid high-powered committee, bearing in mind that the issues being examined are the one that concerns all and sundry, the bench noted.
"Since the facts and circumstances are peculiar to each stakeholder, the said committee, before passing any order, is directed to scrutinise the various aspects and only after due assessment of the eligibility, validity of appointment, amount, period of calculation, revision of fee etc., it shall pass the orders. The Committee shall undertake an exercise of identification of the issues and claims of the stakeholders individually," the bench added.