Delhi HC mandates private schools to implement pay commission recommendations for staff

A series of petitions filed by school staff said that employees have a vested right to receive salaries and emoluments in accordance with the pay commissions, and schools cannot use lack of funds as a reason to deny these entitlements.

New Delhi:The Delhi High Court has said that private schools must adhere to the recommendations of the sixth and seventh Central Pay Commissions (CPC) and ensure the payment of mandated salaries and benefits to their teaching and non-teaching employees.

Justice Chandra Dhari Singh was hearing a series of petitions filed by school staff seeking the benefits of the sixth and seventh pay commissions, including arrears and other entitlements with interest, said that employees have a vested right to receive salaries and emoluments in accordance with the pay commissions, and schools cannot use lack of funds as a reason to deny these entitlements.

The court explicitly stated that no school can seek a waiver from implementing the pay commission recommendations, as doing so would jeopardise the standardised compensation for school employees, allowing schools to arbitrarily set salaries. The judgement stressed on the equality stipulated by Section 10 of the Delhi School Education (DSE) Act, 1973, which mandates that the salaries and allowances of recognised school employees should not be less than those of corresponding status in schools run by the appropriate authority.

Justice Singh extended this obligation to unaided minority schools, saying that they too must comply with Section 10 of the DSE Act. The court directed the Delhi government to establish high-powered committees at the state and central levels to supervise the implementation of pay commission recommendations.

These committees will ensure the expeditious resolution of issues related to fee hikes, salaries, and other benefits.The central committee, headed by Delhi's Education Secretary, will receive recommendations from zonal committees, headed by Zonal Education Officers. The court mandated that the central committee decide on these recommendations within six weeks, stressing on the urgency of addressing the concerns raised by teaching and non-teaching staff in various private schools.

Despite schools arguing financial constraints, the court held that non-compliance with Department of Education notifications for pay commission recommendations violated the petitioners' constitutional rights.