Delhi HC backs 7th CPC benefits for unaided pvt. school teachers

Teachers of unaided private schools are entitled to the same pay and emoluments as their counterparts in government schools, the Delhi High Court has said.

Teachers of unaided private schools are entitled to the same pay and emoluments as their counterparts in government schools, the Delhi High Court has observed.

In an order dated July 7, a Bench of Justices Manmohan and Mini Pushkarna rejected a private school’s plea challenging the directive of a single-judge Bench to pay its teachers according to the Seventh Central Pay Commission (7th CPC).

Three teachers of Bharat Mata Saraswati Bal Mandir Senior Secondary School had earlier filed a writ petition before the court, submitting that the benefits of the 7th CPC was not extended by the school.

On December 14, 2021, the single-judge bench directed the school to grant benefits/salaries to the teachers, in terms of provisions of the 7th CPC and held that they were entitled to arrears with effect from January 2016.

The school subsequently appealed before a larger Bench, but found no relief.

“It is the undisputed position of law that teachers of unaided private schools are entitled to the same pay and emoluments as those of government schools, in terms of the obligation enjoined upon the private recognized schools under the DSE (Delhi School Education) Act, 1973,” the Bench said.

It added that Section 10 of the Delhi School Education (DSE) Act provides that the scale of pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits of a recognised private school shall not be less than those of the employees of the corresponding status in the government school.