A significant ruling by the Delhi High Court has been delivered in the case of salary arrears for private school employees. The court’s decision impacts the rights and entitlements of employees, as outlined in the 7 CPC recommendations. This judgement sets a precedent for ensuring fair compensation and benefits for employees in the private school sector.
Facts
- The reliefs claimed by the respondents in the writ petition were for full salary as per 7 CPC recommendations.
- The entitlement of employees of a specific school was decided based on facts of those cases and relevant judgments.
- The learned Coordinate Bench, after considering the relevant judgments and facts, allowed the writ petitions.
Arguments
- Learned counsel for the petitioners argues that the issues raised have been previously addressed by the Coordinate Bench of this Court in the case of Anjali Vaid & Others vs Adarsh World School & Others.
- The Coordinate Bench’s decision, as referenced in the case of Renu Arora & Others vs S.T. Margaret Senior Secondary School & Another, limits the grant of arrears to a maximum of three years prior to the filing of the petitions.
- Emphasizes that statutory responsibilities cannot be evaded by the respondent-school based on previous Supreme Court judgments.
- The argument made by learned counsel relies on established legal principles and precedents.
- It is noted that the cases of Rushibhai and Tarsem Singh did not pertain to benefits claimed from Pay Commission recommendations.
- Rushibhai involved employees raising claims for due benefits during their employment, with a substantial delay of almost seven years.
- Tarsem Singh, on the other hand, had a claim for disability pension raised long after the employee had been relieved from service.
Analysis
- The claims for benefits distinct from CPC recommendations
- Employees must claim benefits promptly
- Supreme Court’s principle of arrears limited to three years
- Section 10 of DSE Act ensures equal benefits for private school employees
- Certain judgments of Single Bench under appeal in Division Bench
- The learned Division Bench of the Court cited the case of Bharat Mata Saraswati Bal Mandir Senior Secondary School vs. Vinita Singh & Ors.
- No challenge has been made towards this judgment before the Supreme Court.
- The provision outlined in section 10 of the judgement establishes the minimum standards for salaries and benefits of employees in recognized private schools.
- It mandates that the employees in private schools should not receive less pay and benefits than those of corresponding status in schools run by the appropriate authority.
- If a recognized private school’s employee benefits are lower than the corresponding status in schools run by the appropriate authority, the managing committee of the private school must be directed to align them by the appropriate authority.
- Failure to comply with this directive would lead to non-compliance with recognition conditions, triggering the provisions of section 4 of the judgement.
- Aided schools are also obligated to deposit their share towards employee benefits monthly, which would be disbursed by the Administrator to the employees of aided schools within the first week of every month.
- The contentions raised by Mr. Gupta, learned counsel for the respondent are untenable.
- The arguments presented lack sufficient evidence or reasoning to support the respondent’s case.
- It is evident that the respondent’s position is weak and not supported by the facts presented in the case.
Decision
- The petitioners will be entitled to the directions given in the judgement of Mrs. Omita Mago.
- The arrears will be calculated based on 6 CPC and 7 CPC recommendations.
- The unpaid salary from June 2020 to August 2021 will be paid to the petitioners.
- If there is a delay of more than three months, interest at a rate of 6% per annum will be applicable.
- No interest will be charged on arrears if paid within three months.
- The respondent-school must re-fix the salaries under the 7th CPC rules and pay the arrears within three months.
- The contempt petition is also disposed of as per the directions in the judgement.
- Calculation and payment of arrears must be completed within three months from the date of the judgement.
Case Title: SMT. DHEERAJ SHARMA AND ORS. Vs. LAXMI PUBLIC SCHOOL AND ORS. (2024:DHC:4049)
Case Number: W.P.(C)-9769/2019
