Don't Charge Penal Rent From Any Teacher/Employee And Don't Evict Them From Residential Premises: MP HC Directs Indore School Associations [Read Order]
The Madhya Pradesh High Court on Wednesday (30th December) directed Private School Association, Indore (Respondent No.5), Association Of Unaided Schools, Indore (Respondent No.6) and the Daly College (Indore) [Respondent No.7] not to charge damage or penal rent from any teacher/employee or family members and they shall not be evicted from their School/Hostel/Residential premises.The Bench...
The Madhya Pradesh High Court on Wednesday (30th December) directed Private School Association, Indore (Respondent No.5), Association Of Unaided Schools, Indore (Respondent No.6) and the Daly College (Indore) [Respondent No.7] not to charge damage or penal rent from any teacher/employee or family members and they shall not be evicted from their School/Hostel/Residential premises.
The Bench of Justice S.C. Sharma and Justice Shailendra Shukla further directed the Respondent Nos. 5, 6 and 7 to permit the teachers and their family and other employees in their accommodation on payment of normal rent as it was applicable prior to 01.01.2020.
The District Magistrate, Indore was also directed to ensure compliance of this order.
Background of the Matter
A Petition was filed before the Court, by a student, raising genuine general public grievance in respect of teacher working in private aided and private unaided schools affiliated to CBSE and Senior Secondary Board of Education.
He stated that the respondent No.6/ Association of Unaided Schools through its President had filed a petition before the Court and the Court has granted an interim order permitting the schools in the township of Indore to charge tuition fees from the students even though no physical classes are being held.
He further stated that the schools are charging hefty fees from the students under the garb of conducting on-line classes on the other hand full salary is not being paid to the teachers and they are being harassed.
The petitioner also stated that the schools are throwing out the family of teachers from their residential houses. He gave the example of Daly College, Indore.
Further, it was submitted before the Court that vide resolution dated 12.09.2020, rate has been fixed for charging damages, rent and other exorbitant rates to the tune of Rs. One lac per month for a bungalow.
He stated that due to Covid-19 pandemic, the lockdown was imposed in the township of Indore as well as throughout the country in the month of March 2020 and thereafter, some of the teachers have retired.
He also stated that some of the teachers have unfortunately expired on account of Covid-19 pandemic and the schools are behaving in a sadistic manner by throwing the family of the teachers from the premises, who have retired or expired or no longer in service for some other reasons.
It was also submitted that the terminal dues are withheld and the schools are forcing them to pay the rent to the tune of lakhs of rupees.
Prayer
Learned counsel stated before the Court that on account of Covid-19 pandemic, the respondent Nos.5, 6 and 7 be restrained from evicting the teachers or families forcefully form the premises allotted to them and the schools should be restrained from evicting the family of the teachers, who has retired or expired or no longer in service.
It was also clarified that the teacher/family members/employees shall be paid their terminal dues, their terminal dues will not be withheld by the respondent Nos.5, 6 and 7 on the ground that the schools are entitled to charge damages rent.
The matter has been listed for further hearing on 02.11.2020.
[Read Order]