Summary
The Court rejected the school management’s request to restrict salary arrears to three years before the writ petitions. Earlier litigation had established the staff’s entitlement to the applicable pay scales. The management was bound to implement the subsequent pay revision without forcing employees repeatedly to approach the education authorities. Its own failure to pay could not justify withholding older arrears. The special leave petitions were dismissed, with arrears to be cleared within eight weeks, failing which they would carry 9% interest.
Issues
- Whether salary arrears should be restricted to three years before the writ petitions despite the management’s established obligation to implement the applicable pay revisions.
Held
- The staff’s entitlement to the Fifth and Sixth Pay Commission scales was not reopened. The remaining issue concerned the management’s request to limit the period of arrears. (¶¶ 1, 2, 3)
- Earlier litigation had established the management’s obligation to pay the applicable scales. Once the Sixth Pay Commission revision became applicable, payment was its duty; employees were not required to approach the Deputy Director afresh for every revision. Their subsequent approach to obtain unpaid wages did not justify the proposed three-year restriction. (¶¶ 4, 5)
- Employees could not be denied arrears because of the management’s own lapse and inaction. The special leave petitions were dismissed and the arrears directed to be cleared within eight weeks, with 9% interest on failure. The Deputy Director was to ensure compliance and disbursement by account-payee cheques. (¶ 5)
Result
Special leave petitions dismissed. Arrears to be paid within eight weeks, failing which they carry 9% interest; Deputy Director to ensure compliance and disbursement.