11.5.2012 (UNI) Delhi High Court today rejected an appeal by an unaided private school contending that their teachers are not entitled to parity in pay and emoluments with their counterparts working in government schools under Section 10 of Delhi Education Act, 1973.
Rejecting the appeal by Rukmini Devi Jaipuria School, Rajpur Road, the court directed the school to pay arrears of salary from January 1,1996 within four weeks. It also imposed costs of Rs 15,000.
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 school management to implement the recommendations of the Fifth Pay Commission and pay the teachers accordingly.
The court said all the employees of all unaided recognised private schools are entitled to benefits of pay and emoluments from January 1,1996, the date on which the fifth Pay Commission recommendations become applicable.
After the single bench order the teachers claimed they were only paid with effect from April 1997, and that too after a delay of 15 months instead from January 1,1996 as directed by Justice Gambhir.
Ashok Agarwal, who appeared on behalf four teachers, contended 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 on a par with the Government school teachers. UNI
'Exploitation' of teachers in pvt schools: Delhi HC asks for probe
14 May 2007
The Delhi High Court has ordered the Directorate of Education to inquire into alleged exploitation of teachers in private schools.
Hearing a writ petition by civic body Common Cause (CC), the Court asked the DoE to inquire into any violations of the Delhi School Education Act and dispose of any specific complaints within six weeks.
The petitioner, while asking for implementation of Delhi School Education Act in letter and spirit, contended that the teachers in private schools were appointed on contract and were paid less salaries than they sign for in the contract. "They do not enjoy any security of employment and work in conditions far worse than their contemporaries in the government-run schools," it said.
On the top it, they are also saddled with additional responsibilities, it stressed.
Accusing the management of several recognised private schools of violating the Delhi School Education Act with impunity, the Common Cause the government should take over the management of the school, and in the worst case de-recognise the institution.
The Delhi School Education Act, according to the petition filed by the civic body, ds not envisage appointment of contract-based teachers in the ordinary course.
However, the Act allows the managing committees to appoint part-time teachers for primary classes at half of the pay and allowances admissible to regular full time teachers, the petitioner added. Besides, the teachers so appointed are entitled to medical facilties and all benefits other than pension and provident fund.
School teachers win salary battle
MUMBAI: Teachers Of St Xavier's High Schoolin Nerul Have A Reason To Celebrate. The Bombay High Court On Friday Passed An Order In Their Favour And Asked The School Management To Pay Teachers In Keeping With The Sixth Pay Commission With Immediate Effect.
Activists feel this judgment will pave the way for payment of all schoolteachers under the Sixth Pay Commission.
"This has been a long fight but in the end, justice has been done," said a source associated with the school, adding: "This should be a good example for other schools to follow." The management will also have to pay teachers arrears for the past one year. The issue surfaced in December 2010 when the schoolteachers refused to conduct classes till the management agreed to pay them under the Sixth Pay Commission.
"While in most cases parents are opposed to fee hikes, in our school, guardians understood our plight and agreed to pay the revised fees. Still, our school was not paying us what we deserved," said one of the teachers.
Nobody from the school management was, however, available for comment.
With the order in place, teachers of the school will now get almost double their current salary because till date, the school staff was not even being paid under the Fifth Pay Commission.
Educationists and experts called it a landmark judgement, which would boost the morale of teachers. A government resolution on the Sixth Pay Commission, which was yet to be implemented in many schools, made it clear that institutes could hike their fees by no more than 50% in order to pay the revised salaries to teachers.
Several schools, however, ended up hiking fees upto 80%.
"For years, numerous complaints have been lodged by teachers but exploitation by the authorities of schools continued. They hiked fees on the pretext of increasing teachers' salaries but never actually hiked the teachers' pay. Now, there's no way they can back out," said Jayant Jain, president of the Forum for Fairness in Education.