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V. KAMESWAR RAO
Inderpreet Kaur – Appellant
Versus
Directorate Of Education – Respondent
ORDER
This matter is being heard through Video-Conferencing.
1. The present petition has been filed by the petitioners with the following prayers:-
"That in view of the facts narrated above and the humble submissions made, it is most humbly prayed that this Hon'ble Court may graciously be pleased to issue :
(a) Writ of Mandamus or any other appropriate Writ, Order or Direction, directing the Respondents No. 3 to 7 to pay the Salary of the Petitioners for the months of April - June 2020, in the terms of Order Dt. 17.04.2020 of the Respondent No.1 and also to release the arrears within a time frame, which this Hon'ble Court may deem fit and proper and to pay the future Salaries in time as stipulated under law and further direct them not to take any retaliatory steps by way of issuance of any Memo, Suspension Order or Termination Order or any punitive action against the Petitioners on account of their demanding the payment of their outstanding Salaries.
(b) A Writ of Certiorari or any other Writ, Order or Direction, thereby quashing I setting aside the Impugned Order Dt. 25.06.2020, being the "Notice Dt. 25.06.2020", issued by the Respondent No. 4, on the basis of the Resolution Dt. 24.06
The obligation of the Management Committee to observe the provisions of the Delhi School Education Act and the irrelevance of financial hardship for non-compliance with statutory mandates.
Financial hardship cannot justify non-compliance with statutory mandates, and employees of recognized private schools are entitled to benefits similar to those of government-run schools as per Sectio....
Private school employees are entitled to salaries and benefits under the 6th and 7th CPC as mandated by the Delhi School Education Act, 1973, and coercion faced by employees to waive their rights is ....
The main legal point established in the judgment is that a private agreement cannot subvert statutory rights of teachers, and that the public policy of fair remuneration for teachers and employees pr....
The Delhi School Education Act mandates private schools to align salaries of their employees with those of corresponding positions in government institutions, regardless of the school's financial sta....
Recognized private schools must pay employees according to the 6th and 7th Pay Commissions, with financial hardship not a valid excuse for non-compliance.
Point of Law : Schools are under an obligation to maintain record related to provident fund and monthly subscription of the contributory fund by the management.
Teachers in private unaided schools are entitled to salaries and benefits as per the 7th Pay Commission, as mandated by various statutory provisions.
Teachers - Teachers cannot be left on a wing and a prayer. They must be released their rightful dues without any further delay. As they are being made to discharge COVID-19 duties at the instance of ....
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