W.P.(C) 709/2023 Page 1 of 3 $~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 709/2023 MR. OPINDER NATH AWASTHI .....Petitioner Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates. versus DARBARI LAL DAV MODEL SCHOOL & ORS......Respondents Through: Mr. Yeeshu Jain, ASC with Ms. Jyoti Tyagi, Ms. Priya Shukla and Mr. Aveeraj Sharma, Advocates for R-3. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN O R D E R % 04.07.2025 1. The petitioner has filed the present writ petition under Article 226 of the Constitution, for fixation of pay in terms of the 7th Central Pay Commission [“CPC”] recommendations w.e.f. 01.01.2016, and payment of arrears of salaries, leave encashment and other emoluments in terms thereof. 2. The petitioner was serving as a PGT (Maths) in the Respondent No. 1 – Darbari Lal Dav Model School [“the School”] from 12.07.1990 until his retirement on 30.09.2022. 3. In the counter affidavit filed by the School on 30.11.2024, it has been stated that the respondents have already implemented the recommendations of the 7th CPC. It is also contended that arrears in This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/07/2025 at 12:13:52 W.P.(C) 709/2023 Page 2 of 3 respect of gratuity, leave encashment, provident fund have been disbursed to the petitioner. However, it is admitted in paragraph 5 of the counter affidavit that certain arrears of dearness allowance remain pending, which will be released when the same is paid to the other staff members. 4. Learned counsel for the School submits that the only arrears which remain to be paid are on account of Dearness Allowance for part of the period of the petitioner’s service. However, the details of the amounts have not been crystallised in the counter affidavit, and are also not available with learned counsel today. 5. Mr. Ashok Agarwal, learned counsel for the petitioner, submits that upon computation of the last drawn salary in accordance with the applicable dearness allowance, there will also be some enhancement in the amount of leave encashment due to the petitioner. 6. Having regard to the fact that there does not appear to be any dispute in principle about the applicability of the 7th CPC recommendations, the only question that now requires resolution is one of computation. 7. I am of the view that the computation can be reconciled by the Directorate of Education [“DoE”], who will thereafter pass necessary directions. The petitioner and the School are directed to submit their respective computation of arrears, which remain due to the petitioner, to the Zonal Deputy Director, DoE, within a period of four weeks from today. DoE is directed to reconcile the accounts and pass necessary directions within a period of eight weeks thereafter. For this purpose, DoE may call for any further documents from the petitioner and the School, and may also request them to attend a meeting for the purpose of This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/07/2025 at 12:13:52 W.P.(C) 709/2023 Page 3 of 3 any required clarification. The computation furnished by the parties will also be exchanged with each other so that the points of disputes can be narrowed. 8. The petition is disposed of with these directions, leaving the rights and remedies of the parties reserved. PRATEEK JALAN, J JULY 4, 2025 UK/AD/KA/ This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/07/2025 at 12:13:52