( 1 ) THE principal question that arises for decision in this writ petition is if a driver and a conductor of a school bus are employees within the meaning of Section 2 (h) of the Delhi School Education Act, 1973 (for short the Act ) and, if so, whether they are entitled to salaries, allowances and other prescribed benefits, if any, as required under Section 10 of the Act. Under Section 2 (h) of the Act, an employee means a teacher and includes every other employee working in a recognised school. Section 10 of the Act reads as under :-

" (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 wr