High Court of Delhi

Dharam Vir & Ors. v. BGS International Public & Anr.

MANU/DE/0132/2017

17.01.2017

Service

Employees of private schools in Delhi ought to receive monetary emoluments equal to similarly placed employees in government schools

By present writ petition, Petitioners who are admittedly employees of Respondent no. 1/school, such persons working as Drivers, seek the relief of being granted monetary emoluments in terms of the Sixth Pay Commission report. Sixth Pay Commission report has been made applicable to the schools in Delhi by virtue of order of the Director of Education dated 11th February, 2009.

In terms of Section 10 of the Delhi School Education Act, 1973 employees of private schools in Delhi ought to receive all monetary emoluments equal to those being paid to similarly placed employees in government schools. Accordingly, Petitioners are entitled to reliefs of being paid their salaries in terms of the Sixth Pay Commission report as made applicable to schools as per the order of the Director of Education dated 11.2.2009.

However, reliefs which will be granted to Petitioners will only be prospective from three years prior to filing of writ petition and till the date petitioners’ services were terminated in terms of the letters of respondent no. 1/school dated 27.5.2015. 4. Since issue in the present case involves calculation of benefits on account of services rendered by the petitioner nos. 2 to 7 with the respondent no. 1/school, and which aspect of calculation can best be looked into by the Directorate of Education or its nominee, accordingly, parties will appear before the Directorate of Education on 21st February, 2017 and the Directorate of Education or his nominee will thereafter pass a speaking order after hearing the parties as to the amount which would be payable to the petitioners under different heads. Respondent no. 1/school will be entitled to adjustments of the amounts that the respondent no. 1/school has already paid to the petitioners.

Relevant

Section 10 of the Delhi School Education Act, 1973

Tags : Salary Entitlement Private schools

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