Why in News?

• In the matter of Bharat Mata Saraswati Bal Mandir Senior Secondary School v. Vinita Singh and Ors., a private school in Delhi filed a plea in the Delhi High Court against the directions to pay its teachers as per the Seventh Central Pay Commission (Seventh CPC).
• The plea has been filed against a December 2021 order of the single-judge bench of the High Court.

Background

• The Directorate of Education, Delhi Education in 2017 directed that all recognized schools shall implement the recommendations of the Seventh CPC.
• Three teachers of the private school had approached the single judge of the High Court earlier after the benefits of the Seventh Central Pay Commission were not extended by the school.
• The single-judge bench, in its judgement passed in December 2021, directed the school to grant benefits and salaries to the teachers under provisions of the Seventh Central Pay Commission with effect from January 1, 2016, along with the arrears.

Court’s Observations

• A bench of Justice Manmohan and Justice Mini Pushkarna of Delhi High Court while rejecting the plea held that teachers of unaided private schools are entitled to same pay as their counterparts in Government schools.
• The court further observed that Section 10 of the Delhi School Education Act, 1973 provides that the pay scale, allowances and other prescribed benefits of a recognized private school and Government school shall be same.

Legal Provisions

Delhi School Education Act, 1973

Section 10 - Salaries of employees. — (1) The scales of pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits of the employees of a recognised private school shall not be less than those of the employees of the corresponding status in schools run by the appropriate authority:

Provided that where the scales of pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits of the employees of any recognised private school are less than those of the employees of the corresponding status in the schools run by the appropriate authority, the appropriate authority shall direct, in writing, the managing committee of such school to bring the same up to the level of those of the employees of the corresponding status in schools run by the appropriate authority:

Provided further that the failure to comply with such direction shall be deemed to be non-compliance with the conditions for continuing recognition of an existing school and the provisions of section 4 shall apply accordingly.

(2) The managing committee of every aided school shall deposit, every month, its share towards pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits with the Administrator and the Administrator shall disburse, or cause to be disbursed, within the first week of every month, the salaries and allowances to the employees of the aided schools.