Teachers Of Unaided Private Schools Entitled To Same Pay Benefits As Teachers Of Govt Schools: Delhi High Court
The Delhi High Court dismissed an Appeal that challenged the decision of a Single Judge Bench of the Delhi High Court which directed the Appellant School to pay salary according to the 7th Central Pay Commission to the Respondent teachers. The Court held that teachers of unaided private schools are entitled to the same pay benefits as teachers of government schools.
The Appellant challenged the maintainability of the suit and further stated that unaided private schools are different from government schools.
The Division Bench comprising of Justice Manmohan and Justice Mini Pushkarna said that “ this Court is of the view that the writ petition filed by the three teachers is maintainable as it involves a public law element, inasmuch as, the original writ petitioners were seeking the implementation of Section 10(1) of the Delhi School Education Act, 1973 (DSE Act, 1973).”
The Court further added that “it is the undisputed position of law that teachers of unaided private schools are entitled to the same pay and emoluments as those of government schools, in terms of the obligation enjoined upon the private recognized schools under the DSE Act, 1973. The schools cannot evade their statutory responsibility and are bound to pay the statutory dues.”
Advocate Parvinder Chauhan appeared for the Appellant while Standing Counsel Yeeshu Jain appeared for the Respondents.
In this case, the Respondents were teachers in an unaided private school. Based on the provisions of the 7th Central Pay Commission, the Directorate of Education (DoE) issued notification on October 17, 2017, whereby all the private recognized schools were asked to implement the same. Further Section 10 of the Delhi School Education Act, 1973 provides that the scale of pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits of a recognized private school shall not be less than those of the employees of the corresponding status in the government school.
The Appellant school denied paying the wages based on the 7th Commission citing that they were an unaided private school. The Respondents approached the Delhi High Court wherein the Single Judge Bench directed the school to make payment. Following this, the Appellant school approached the Division Bench.
The Court held that “This Court is further of the view that the writ petition filed by the original writ petitioners is not barred by delay and/or laches, inasmuch as, the cause of action is a recurring one. To conclude, it is reiterated that the reliefs claimed by the respondents in the writ petition were for payment of full salary as per recommendations of 7th CPC. Section 10 of the DSE Act provides that the scale of pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits of a recognized private school shall not be less than those of the employees of the corresponding status in the government school.”
Accordingly, the High Court dismissed the Appeal.
Cause Title: Bharat Mata Saraswati Bal Mandir Senior Secondary School v. Vinita Singh & Ors.