Delhi HC restrains gurdwara body from two property deals over unpaid school dues

The court ordered to secure the properties spanning across 307 acres to help shore up dues payable to teachers who have not got dearness allowance

The Delhi high court has restrained the Delhi Sikh Gurdwara Management Committee (DSGMC) from dealing in any manner with its two major properties situated in Haryana and Shahdara to secure payment of unpaid dues to the tune of ₹400 crore for the teachers employed in schools run by Guru Harkrishan Public School (GHPS) society.

In February 2024, the court found DSGMC’s top officials guilty of intentionally not complying with the ruling. (HT Archive)

In its order passed on May 2, a bench of justice Anish Dayal ordered to secure the properties spanning across 307 acres to help shore up dues payable to teachers who have not been paid dearness allowance (DA) as per the Sixth and Seventh Central Pay Commission, that was ordered to be paid by the Delhi high court in November 2021.

The order, a copy of which was uploaded recently, said, “Notwithstanding the undertaking, the court directs that for no reason whatsoever, will these properties i.e. 292 acres of land at Bigar (Haryana) and 15 acres of land at Shahdara (Delhi) be alienated nor any possessory rights be given to any party without prior permission of court.” Further, it directed, “no encumbrance will be created without any prior permission of the court.”

The bench of justice Dayal, observed, “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 ₹400 crore, which are owed to the petitioners.” The court recorded in its order that the GHPS society is only paying 2% DA as part of the 7th CPC, which mandates 54% DA.

The court’s directions came on an application moved by the teachers, who in their petition alleged contempt against DSGMC and GHPS society for failing to comply with the earlier direction of the high court on November 16, 2021. The application further urged the court to attach the two properties registered in DSGMC’s name.

In February 2024, the court found DSGMC’s top officials – president Harmeet Singh Kalka and general secretary Jagdeep Singh Khalon — guilty of intentionally not complying with the ruling. Before ordering their removal, the court appointed an auditor for conducting a forensic account of the accounts of the society and the 12 schools managed by it from April 1, 2020 till December 31, 2023.

Expressing displeasure over the officials’ failure to comply with the undertaking, the court noted, “Such undertakings were given merely to buy time. Now the blame is sought to be passed to the previous management. 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.”

The 29-page order also directed Nitesh Shrivastava as a valuer for ascertaining the list of the properties provided by the forensic auditor. Both Kalka and Khalon have been asked to appear on the next date of hearing on July 10.