Saturday, May 12, 2012

Delhi HC:

Implement Pay Commission recommendations from date of inception
The Delhi High Court today rejected the appeals filed by an unaided school, Rukmini Devi Jaipuria School, Rajpur Road while holding that the teachers of unaided private schools are entitled to parity in pay and emoluments’ with their counterparts working in government schools under Section 10 of Delhi Education Act, 1973. Accepting the contention of advocate Ashok Agarwal appearing for the teachers that it’s a travesty of justice that the teachers are denied their lawful salary without any justification, the court while directing the school to pay arrears of salary from 01.01.1996 within four weeks also imposed costs of Rs 15,000 for each appeal.

The court also held that all the employees of all unaided recognized private schools are entitled to benefits of pay and emoluments from 01.01.1996, the date the fifth pay commission recommendations have become applicable and the schools cannot deny or delay the same on the ground that it could not recover fee from the students.

Upholding the order of the single bench of Justice Kailash Gambhir, a bench comprising Acting Chief Justice A K Sikri and Justice Rajeev Sahai Endlaw directed the Rukmini Devi Jaipuria School to implement the recommendations of the Fifth Pay Commission and pay the teachers accordingly. 

Justice Gambhir had earlier directed the school to pay all the arrears with effect from January 1, 1996 but the teachers claimed that they were only paid with effect from  April  1997, after  15 month. 

Lawyer Ashok Agarwal, appearing on behalf the four teachers, told the court that many private schools are violating the recommendations of the Pay Commissions even though they have collected surplus funds from the students. 

Their audit records show that the private schools have crores of rupees lying as surplus which they collected from the students on the pretext of implementing the Fifth and Sixth Pay Commission, Mr Agarwal contended. 

He told the court that Section 10 of Delhi School Education Act, 1973 mandates that the employees of all the Unaided Private Recognised Schools are entitled to benefit of pay and allowances etc as per the Government school teachers. 

Senior Advocate, Sanjeev Sachdeva, appearing on behalf of the school, said the pay commission recommendations are only applicable to the government-aided schools and not to private schools. 

Ashok Agarwal, Advocate
11 May 2012

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