Virender Kumar Goel v. Gyan Mandir Public School & ANR.

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 541/2020 VIRENDER KUMAR GOEL .....Petitioner Through:

Mr. Avinash Kr. Trivedi, Mr. Rahul Aggarwal and Mr.Aryan Sangwan, Advocates.

versus GYAN MANDIR PUBLIC SCHOOL & ANR. .....Respondents Through:

Mr. Arvind Sah, Advocate.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 17.02.2026 1.

This hearing has been done through hybrid mode. 2.

The present petition under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, 1950, seeks the following prayers: - "A) Initiate Contempt Proceedings against the Respondents for their willful violation of the order dated 01.05.2017, passed by this Hon'ble Court, in W.P.(C) no. 7998/2014, titled as Virender Kumar Goel v. Govt. of NCT of Delhi & Ors. and thereafter try and punish the Respondents in and accordance with the law under sections 11 and 12 of the Contempt of Courts Act, And/Or; Pass any other appropriate order/direction which this Hon'ble Court deem fit and proper."

3.

Vide order dated 01.05.2017, learned Single Judge while disposing of W.P.(C) No. 7998/2014, passed the following directions: - "12. During the submission, Mr.Sah has stated, respondent nos.3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and 4 have paid the subsistence allowance to the petitioner till 31st January, 2006. This aspect has been conceded by the learned counsel for the petitioner. If that be so, the petitioner shall be entitled to subsistence allowance effective from 1st February, 2006 to 18th April, 2012, the date as reflected by the petitioner in prayer 'A' of the writ petition. The petitioner shall also be entitled to reinstatement as Lab Assistant. The petitioner shall also be entitled to salary effective from 19th April, 2012. The arrears of subsistence allowance /salary shall be paid with interest @ 9% per annum. The aforesaid direction shall be complied with within eight weeks from the date of receipt of this order."

4.

A compliance affidavit dated 08.10.2020 on behalf of respondent No.2 has been placed on record, wherein it is recorded as under: - "4. The answering Respondent has reassessed the claim of the Petitioner and according to which the amount payable is as follows; I. Subsistence allowance for the period 01.02.2006 to 18.04.2012 (Total Rs 4,52,440/-Rs.43,402/-EPF contribution) Rs. 4,09,038/- II.

Salary for the period 19.04.2012 to 31.07.2020 (Total Rs.20,11,057/- -Rs. 1,50,420/- EPF Contribution) Rs 18,60,637/- III. VII CPC Arrear amount (01.01.2016 to 30.06.2017) Rs. 1,23,894/- IV. Interest on the said amount @ 9% Rs.2,15,421/- Total Rs.26,08,990/- 5.

That the answering Respondent has prepared a cheque of Rs. 26,08,990/- (Rupees twenty six lakh eight thousand nine hundred and ninety) cheque no.350443 dated 07.10.2020 drawn on Axis Bank Ltd. b/o Naraina Vihar, New Delhi and shall be collected by petitioner when he will reports for duty. An amount of Rs.4,61,860/- (VII CPC Arrears from 01.07.2017 to 31.07.2020) remains to be paid. This amount is payable as per the VII Pay Commission recommendations and has been calculated in the same manner as in the case of all the other staff members and shall be paid in installment along with the all the other staff members whose dues are also outstanding."

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

Learned counsel for the petitioner submits that the aforesaid order dated 01.05.2017 has not been fully complied with inasmuch as there are certain arrears pertaining to increments due on the salary and interest thereon from the date of his reinstatement as Lab Assistant. 6.

Learned counsel for the respondents submits that the aforesaid directions were with respect to payment of salary effective from the date of reinstatement, and further, arrears with respect to subsistence allowance/salary with interest @ 9% per annum. 7.

It is the submission of the learned counsel for the respondents that since the period for which the increments are being sought, the petitioner was not in the service and therefore, he shall not be entitled for the same. 8.

The directions in order dated 01.05.2017 have been complied with as reflected hereinbefore. So far as the disputed question of increment and interest thereon which the petitioner is claiming, the latter would be at liberty to initiate appropriate proceedings before the Court of competent jurisdiction/appropriate forum in accordance with law. 9.

With the aforesaid observation, the present petition is disposed of. 10.

Pending application(s), if any, also stands disposed of accordingly. AMIT SHARMA, J FEBRUARY 17, 2026/bsr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.