In a recent ruling by the Delhi High Court, a resolution was reached in the salary dispute case involving employees of private schools. The court’s directive for re-fixing salaries as per 7th CPC recommendations and timely payment of arrears brings clarity to the matter. This judgement carries significance for the employees’ entitlement in private educational institutions. Find out more about the details and implications of this landmark ruling.
Facts
- The reliefs claimed by the respondents in the writ petition were for payment of full salary as per recommendations of 7 CPC.
- The entitlement of the employees of a particular school was decided based on the facts of those cases.
- The relevant judgments were considered in making the decision.
- A learned Coordinate Bench, after agreeing on principle, allowed the writ petitions.
Arguments
- Learned counsel for the petitioners argues that the issue has already been discussed in detail in a previous case handled by this Court through HMJ Chandra Dhari Singh.
- Counsel refers to specific judgements of the Supreme Court to support their argument, while the respondent-school’s counsel relies on different judgements to counter it.
- The petitioners’ counsel contends that even if the petitioners are entitled to arrears, they should only be granted for up to three years prior to the filing of the petitions.
- The contention raised on behalf of the respondent/school by relying on Tarsem Singh and Rushibhai was rejected by the Coordinate Bench.
- The learned Division Bench of the Court in DAV College Managing Committee case considered the reliance on Tarsem Singh and Rushibhai in para 9 and 10 of the judgment.
- Both Rushibhai and Tarsem Singh were decisions related to individual claims for benefits due and payable during employment.
- Rushibhai involved claims made almost seven years after employment, while Tarsem Singh involved a claim for disability pension long after the employee had been relieved from service.
Analysis
- Claims for benefits distinct from CPC recommendations.
- Employees must claim benefits promptly.
- Implementation of 7 CPC recommendations mandated by DOE.
- Arrears restricted to three years by the Supreme Court.
- Private school employee benefits should not be less than government school employees as per DSE Act.
- No stay granted on certain judgments under appeal.
- Salary of employees in Delhi schools governed by Section 10 of DSE Act.
- Teachers in unaided private schools entitled to pay and emoluments equal to government schools per DSE Act.
- The judgment of the Division Bench of the Court in Bharat Mata Saraswati Bal Mandir Senior Secondary School vs. Vinita Singh & Ors. has not been challenged before the Supreme Court.
- The learned Division Bench’s decision in this case stands so far with no appeal or challenge.
- The case pertains to some unresolved issues relevant to the parties involved.
- The provision lays down the minimum standards for salaries and benefits of employees in recognised private schools.
- The salaries, allowances, and benefits of employees in private schools should be at least equal to those of employees in corresponding status in schools run by the appropriate authority.
- If the salaries and benefits in private schools are lower than those in schools run by the appropriate authority, the managing committee of the private school must be directed in writing to bring them up to the same level.
- Failure to comply with the direction to match salaries and benefits with public school employees will result in non-compliance with the conditions for recognized private schools.
- The managing committee of aided schools must deposit their share towards salaries and benefits with the Administrator every month, who will disburse them to employees within the first week of every month.
- The contentions raised by Mr. Gupta, learned counsel for the respondent are untenable.
- The arguments put forward by the respondent’s counsel are not supported by the facts of the case.
- It is evident that the respondent’s submissions lack merit and cannot be sustained.
Decision
- The petitioners are directed to re-fix the salaries and other emoluments under the 7th CPC.
- Arrears are to be paid to the petitioners within three months.
- Unpaid salary from June 2020 to August 2021 to be paid if not already done.
- Any delay beyond three months will incur an interest rate of 6% per annum.
- Arrears will not carry interest if paid within three months.
- Contempt petition also disposed of.
- Calculation and arrears to be worked out and paid within three months.
- No further orders needed in the present contempt petition.
Case Title: NUPUR MAHAJAN Vs. LAXMI PUBLIC SCHOOL THROUGH ITS MANAGER & ORS (2024:DHC:4049)
Case Number: W.P.(C)-10297/2019
