The Delhi High Court has recently found the President and General Secretary of Delhi Sikh Gurdwara Management Committee guilty of intentionally not complying with a 2021 ruling that ordered payment of arrears of salaries to teachers and staff of Guru Harkrishnan Public School, considering fixation of their pay under the 6th and 7th Pay Commission.
Delhi High Court’s Justice Navin Chawla found the Committee’s President Harmeet Singh Kalka and General Secretary Jagdeep Singh Khalon guilty of having wilfully failed to comply with the judgment. Subsequently, the High Court issued notice to show cause to them on the quantum of punishment.
Earlier in 2021, a coordinate bench ordered the committee and the School to refix the salaries and other emoluments of the teachers under 6th and 7th CPC in accordance with the rules. The ruling followed after the teachers had lodged a plea before the court.
Following, a contempt plea was lodged by the teachers where the Committee and the School’s Society gave an undertaking that all dues, arrears and salaries to all the employees, irrespective of whether they had filed a plea in court, would be cleared.
Additionally, an undertaking was given by the Committee and the School that they would start paying the prospective salaries as per the 7th CPC from September 2023, and also offered to clear the dues of the 6th CPC without any interest in a phased manner till November 2027.
Justice Navin Chalwa observed that there was never an intent to comply with the 2021 judgment as it was admitted that the Committee and the School had not started paying the salary to the teaching and non-teaching staff as per the 7th CPC.
After the Committee’s resident and General Secretary as well as the Honorary Secretary of School’s Society expressed their helplessness to comply with the judgment in question due to lack of funds, the Delhi High Court stated that they do not deserve to be in the Management of either the Society or the Committee.
However, before ordering their removal from the posts, the court directed that an Auditor be appointed to conduct a Forensic Audit of the accounts of the Society and the 12 schools managed by it from April 01, 2020, till December 31, 2023.
The court further remarked that the helpless employees and teachers have been repeatedly knocking on the doors of the court and have been frustrated by the undertakings of the officials, who had no intention and means to comply with the same.
It underlined that the financial incapacity to clear the arrears and pay even the current dues as pleaded by the officials, only strengthened the Court’s belief that there is gross mismanagement of the affairs of the schools, GHPS (ND) Society, and the DSGMC.
The court further observed that the religion of Sikhism preaches the ideals of honesty, compassion, humanity, humility, and generosity in everyday life. It remarked that while there is no doubt that various philanthropic and charitable causes are being discharged by the community and its leaders, at the same time, it should be kept in mind that charity begins at home.
It said that there is no point in such philanthropic activities and values when the teachers and staff of the schools, who are helping to lay down the foundation of a good and progressive society by imparting education and instilling moral values to young students and helping in running the said institutions, are ill-treated and not given their rightful dues and are made to suffer the agony of approaching the Court repeatedly for the same.
The court stated that there is an all-pervasive control of the DSGMC on the functioning of the schools and thus, the Committee cannot claim any immunity or claim that the officials were not bound to comply with the judgment.
The court maintained that the said judgment has been accepted by DSGMC and has attained finality and it is too late in the date to now contend to the contrary.
It further directed the Forensic Auditor to take all necessary action to look into the affairs and accounts of the GHPS(ND) Society and the respective schools, seek clarifications, and give appropriate directions.
The court also directed the DSGMC to provide necessary funds to the GHPS(ND) Society and to the Schools managed by it so as to ascertain that henceforth, the employees are paid in accordance with 7th CPC and the arrears as per the 6th CPC, including interest, are cleared at the earliest.
In addition, it also ordered that any rent received from any source by the GHPS (ND) Society, its schools, or DSGMC shall stand attached and be utilized only for clearing the arrears of the 6th and the 7th CPC owed to the employees of the twelve schools managed by the Society.
It noted that the salary and other financial perquisites of the Members of the GHPS (ND) Society and the DSGMC shall also be withheld till further orders or till the entire dues of the employees, teaching and non-teaching staff, of the schools are fully paid.