Constitute Committees To Supervise Implementation Of Pay Commission Recommendations On School Staff : High Court To Delhi Govt

The Delhi High Court has directed the Delhi Government to constitute two High Powered Committees to supervise implementation of recommendations prescribed in 6th and 7th Central Pay Commission (CPC) regarding payment of salaries and arrears to staff of private unaided schools and recognized private unaided minority schools in the national capital.

Justice Chandra Dhari Singh ordered that the Committees shall be constituted at Central and Zonal levels.

“The DoE is directed to issue a notification within two weeks from the date of pronouncement of this judgment, for the purpose of convening zonal committee, wherein, various stakeholders including teaching and non- teaching staff of several schools, who are aggrieved by the non – implementation of the Pay Commission shall file their claim before the concerned Zonal Committee,” the court said.

It added that the Committees must devise a mechanism to ensure that the school staffs are being paid their dues irrespective of the fact that the schools do not have the requisite funds.

“The Committee must ensure that the grievances of the superannuated employees of the schools are also being addressed by it. Moreover, the Committee must ensure that the retirement/terminal benefits to which the employees are entitled to shall be duly paid to them,” the court said.

It added that the Committee must look into the aspect that whether the staff who have been illegally appointed are entitled to the arrears of the 6th and 7th Pay Commissions.

“The Committee shall ensure that there is a mechanism that in future too if any dispute arises pertaining to the implementation of recommendations of Pay Commission, the same may be addressed by way of the High-Powered Committee. Hence, the Committee shall ensure that there is a redressal of not merely the present disputes but also of the future dispute, that may arise,” the court added.

Justice Singh was dealing with a bunch of pleas moved by various individuals working as staff in different private unaided schools and recognized private unaided minority schools in the city.

The petitioners sought benefits of the 6th Central Pay Commission, along with the arrears as well as benefits under the 7th Central Pay Commission, along with arrears and retirement benefits. Some of them also sought the benefits of Modified Assured Career Progression Scheme (MACP).

Granting relief to the petitioners, the court deemed it necessary to authorize and constitute an independent Committee for meticulous inspection of the claims raised by the school staffs.

“…this Court is of the considered view that this is a fit case to exercise its extraordinary writ jurisdiction and to ensure that there is implementation of the recommendations of Pay Commission. This Court shall ensure that the arrears of the petitioners‘ are being duly paid to them whilst ensuring that the schools have the requisite funds to pay the same to their staff,” the court said.

It added that it is a sorry state of affairs that the staff of the schools, instead of contributing towards the education of children, are before court seeking payment of their salary and emoluments as per Pay Commissions recommendations, which they are duly entitled to.

On the question as to whether it is mandatory for unaided minority school to implement the recommendations of 6th and 7th Pay Commissions, Justice Singh observed that the staff of unaided minority school is entitled to salary and emoluments at par with the salary and emoluments as payable to the employee at the same position of the school owned by the competent authority.

“Education is an invincible weapon for empowering the next generation of the nation and the nation by of regulation authority has to exercise certain control to ensure that there is uniform quality of education is provided to every student of the country. The aspect of autonomy in administration of unaided or aided school therefore, does not come into play since the state has to ensure that there is quality education provided to the children. Hence, the unaided minority schools are bound by certain regulations of the appropriate authority,” the court said.

It added: “This Court observes that any unaided recognized school shall be governed by the Section 10 of the DSE regarding the salaries and emoluments of the staff of the said school and the same shall be equivalent to person at the same position in an aided school.”

Title: ANJALI VAID AND ORS v. ADARSH WORLD SCHOOL AND ORS and other connected matters

Citation: 2023 LiveLaw (Del) 1139

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