-Report by
The present case concerns a writ petition filed by the wife of a deceased physical education
teacher seeking the release of outstanding dues payable to her late husband on account of pay
revision under the 7th Central Pay Commission (CPC) recommendations. The petitioner’s
husband was the sole bread earner of the family, and all his legal heirs were dependent on
him. The petitioner alleged that despite repeated requests, the school had not released the
arrears of salary and allowances owed to her husband. The respondents, including the school
and the Directorate of Education, did not dispute the petitioner’s claim to the outstanding dues
payable to her husband. The court allowed the writ petition and directed the school to
calculate and disburse the outstanding dues to the petitioner within four weeks from the date
of the order.
Facts:
The present writ petition was filed by the petitioner seeking the release of outstanding dues
payable to her late husband, who was working as a Physical Education Teacher at the National
Public School for over 30 years. Her husband died due to fatal injuries sustained in an
accident on 10.08.2022, leaving behind the petitioner and his legal heirs, who were dependent
on him. The petitioner’s grievance was that the school had not granted the benefits of pay
revision under the 7th Pay Commission (CPC) and released the arrears of salary and allowances
of her late husband.
Issue:
The issue raised in the present writ petition was the non-grant of benefits of pay revision
under 7th CPC and the release of arrears of salary and allowances of the petitioner’s late
husband by the school.
Petitioner’s Contentions:
The petitioner in this case, the wife of a deceased physical education teacher, contended that
her husband was entitled to receive the benefits of pay revision under the 7th Central Pay
Commission (CPC) recommendations, as directed by circulars issued by the Directorate of
Education. She alleged that despite repeated requests from her son, the school had not
released the arrears of salary and allowances owed to her husband, who was the sole bread
earner of the family.
Respondent’s Contentions:
On the other hand, the respondents, including the school and the Directorate of Education,
did not dispute the petitioner’s claim to the outstanding dues payable to her husband.
However, they requested the petitioner to provide any additional information or documents
required by the school to release the payments. They also argued that the grant of benefits of
pay revisions under the Central Pay Commissions’ Recommendations and the consequent
fixation of pay scales etc. of employees of recognized private schools at par with employees
of the corresponding status in schools run by Appropriate Authority, by virtue of provisions of
Section 10 of the Delhi School Education Act, 1973, was not in dispute, citing relevant court
judgments.
Judgment:
The court allowed the writ petition and recorded the assurance given on behalf of
Respondents No.1 to 3 that all outstanding dues payable to the petitioner’s husband on
account of pay revision under the 7th CPC shall be released within four weeks from the date of
the judgment. The court also directed that the calculations of the amounts disbursed to the
petitioner shall be furnished to her to enable her to ascertain if anything further remains to be
paid. In case the petitioner finds that any balance amounts are payable, she is at liberty to
approach the school management in this regard and, in case of any surviving grievance, she
may take recourse to remedies available to her in accordance with the law. The court disposed of
the writ petition in the aforesaid terms.
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