Delhi HC directs gurdwara body to secure its properties in Shahdara, Haryana to clear Rs 400 crore dues to GHPS employees
The Delhi High Court has directed the Delhi Sikh Gurdwara Management Committee (DSGMC) not to create third-party rights in connection with two of its properties – 292 acres at Bigar in Haryana and 15 acres at Shahdara in Delhi – in order to pay pending dues to employees of 12 schools managed by the Guru Harkrishan Public School (GHPS) Society.
Justice Anish Dayal, while issuing the direction on May 2, reasoned that 'it is essential to secure these properties since they seem to be of large value and will possibly help in shoring up the dues, amounting to around Rs 400 crore, which are owed to the petitioners.'
Justice Dayal was dealing with a batch of contempt petitions, moved before the Delhi High Court from 2022, wherein the court had in 2023 recorded wilful disobedience on the part of the Delhi Sikh Gurdwara Management Committee (DSGMC) and the GHPS Society for failing to comply with court orders issued in 2021.
The petitions filed by teachers and employees of GHPS between 2018 and 2021 had sought benefits as per the recommendations of the 6th and 7th Central Pay Commission (CPC), along with arrears and other benefits.
On November 16, 2021, the high court had directed to revise the salaries and other emoluments of the petitioners under the 6th and 7th CPCs in accordance with the rules.
It was further directed that the arrears under the 6th CPC shall be paid to the petitioners with interest at the rate of 6 per cent per annum and under the 7th CPC without any interest, within six months.
Failure to pay the amounts within the time would entail payment of a higher interest of 9 per cent per annum on the arrears of both 6th and 7th CPC, and retiral benefits, it said.
However, the respondent authorities failed to make the payments as directed by the court.
After contempt petitions were moved from 2022, the Delhi High Court in 2023 recorded wilful disobedience of the court order of 2021 and also directed the Department of Education to 'to take a decision on appointing an Administrator or de-recognise the school'.
Further, the court took a stern view on February 26, 2024, recording in its order, 'The financial incapacity to clear the arrears and pay even the current dues, as pleaded by the respondents, only strengthens the belief of this Court that there is gross mismanagement of the affairs of the schools, GHPS (ND) Society, and to some extent, even of the DSGMC.'
'The religion of Sikhism preaches the ideals of honesty, compassion, humanity, humility, and generosity in everyday life. 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 added.
'There is no point of such philanthropic activities and values when its own 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, on the other hand are rather made to suffer the agony of approaching this Court repeatedly for the same,' it stated at the time.
The court then appointed a forensic auditor to audit their accounts, and directed that any rent received by the society, 'shall stand attached and be used to pay the arrears of the employees of the 12 schools managed by the society.'
The petitioners further moved an application seeking that the properties owned by the DSGMC in Haryana as well as in Delhi, which are large acreages of land, must be attached.
Acting on the application, Justice Dayal thus directed that the two properties not be alienated nor any possessory rights be given to any party without prior permission of court and no encumbrance will be created further without its permission.
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