Pay dues as 6th pay commission or face arrest : HC to School Manager
New Delhi, Feb 12 : The Delhi High Court has directed the manager of Jagat Convent School who is presently in Canada to clear all dues of the teachers as per the sixth pay commission recommendations within next three weeks else arrest warrants will be issued against them.
Justice Valmiki Mehta directed that bailable warrants of arrest be issued against the manager Jagjit Singh who is presently in Canada and the secretary Trilok Nath Punj if they fail to pay the outstanding amount due to the teachers within next three weeks from the date of issue of order.
The court had issued the order on February 5.
The Court had earlier directed both the parties to appear before it on February 5 but no one appeared.
The court said that there is gross non-compliance of the orders of this court passed on July 27, 2012 and again on December 12, 2012.
The respondents have not complied to the orders of the Director of Education issued on December 13, 2013 as well as on February 2013 to both respondents to make payments to the teachers as per the December 2011 terms of the provisions of the report of the Sixth Pay Commission, the court observed.
The reason cited by the respondents for non payment of dues to the teachers was that it will be paid only after the students clear their arrears.
The counsel for the respondent told the court that the school will make payment only when the arrears are collected from students and when other payments are received as the order of the Director of Education is not conditional in nature.
The court said that despite its orders to appear in the court on February 5, the respondents have not shown up. This shows scant regard for the court orders.
In case the directions of the court to make all payments to teachers as per the Sixth Pay Commission recommendations within three weeks is not adhered to, bailable warrants will be issued against them, the Court directed.
The court said that if the manager who is in Canada for the last three months fails to pay the amount till the prescribed date he should be served with non bailable warrants and information should be sent to all airports of the country and should be arrested on arrival.
The Court said, it is indeed unfortunate state of affairs that people who have put their life long services in the school are not being paid their dues and they are being caused gross harassment by the school.
The Court said, ' As a matter of last opportunity, let the dues of the petitioners, to the last rupee, be paid positively within a period of 3 weeks from today, and affidavit in this regard be filed by the school supported by the necessary documents be filed in this court on or before March 6, 2013, Justice Valmiki said.
In case the payment of the dues of the petitioners are not made within 3 weeks from today and the necessary affidavit is not filed by the school on or before March 6, then on March 7 bailable warrants of arrest of Rs 50,000/- with a surety for a like amount be issued against the Manager Jagjit Singh and the Secretary Trilok Nath Punj, the court said.
The court said, 'Since the Manager is in Canada, in case bailable warrants of arrest are issued, then a copy of this order along with necessary papers will be sent to all international airports in the country.
The court listed the matter for further hearing on March 18.
The Court's orders came on a petition filed by two teachers of Jagat International School through their lawyer Ashok Agarwal alleging that despite several court orders and by the director of education they have not been paid the dues as per the recommendations of the Sixth pay Commission.