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 status.

Headnote:(A) Delhi School Education Act, 1973 - Section 10 - Writ petition seeking revision of salary under the 7th CPC - Petitioner employed as PGT (Physical Education) since 1994; salary claims were repeatedly denied by the Lions Public School under claims of financial constraints - School’s arguments regarding inability to pay were dismissed due to audit findings proving available funds - Court upheld mandatory compliance of salary revisions and payment of arrears to private school employees as per government counterparts. (Paras 19-30)

(B) Statutory Compliance - Failure to implement pay scale adjustments under the Act can result in the withdrawal of school recognition - Financial hardship is not a valid excuse for non-compliance with statutory mandates. (Paras 35-37)

Facts of the case:
The petitioner was employed at Lions Public School, had previously settled for 6th Pay Commission benefits, and was denied 7th CPC salary adjustments, leading to dismissal amidst allegations of financial hardship.

Findings of Court:
The Court found the School liable to revise the petitioner’s salary according to the 7th CPC and pay due arrears, dismissing financial constraints as a defense.

Issues: The main issues included whether the School is mandated to adhere to pay scales as per the Act and the consequences of failing to comply.

Ratio Decidendi: The court highlighted that Section 10(1) ensures all employees in recognized private schools receive parity in pay with public school counterparts, irrespective of financial situations.

Result: Writ petition allowed, school instructed to refix salary within eight weeks.

Table of Content
1. petitioner seeks pay revision under 7th cpc. (Para 6 , 7 , 8 , 9 , 10)
2. school's defense revolves around financial constraints and procedural delays. (Para 11 , 12 , 13 , 14 , 15)
3. court emphasizes statutory obligations under section 10, rejecting financial excuses. (Para 17 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27)
4. court orders salary refixation and payment of dues. (Para 28 , 29)

JUDGMENT

Jyoti Singh, J. (Oral)

C.M. APPL. 55088/2022 (Additional Documents by the Petitioner)

1. Issue notice.

2. Mr. Vivek Kumar Tandon, learned counsel accepts notice on behalf of Respondents No. 1 and 2.

3. Mr. Naushad Ahmed Khan, learned counsel accepts notice on behalf of Respondent No. 3.

4. For the reasons stated in the application, the same is allowed and the documents are taken on record.

5. Application stands disposed of.

W.P.(C) 6841/2022

6. Present writ petition has been filed by the Petitioner seeking the following reliefs:

"(i) issue an appropriate writ, order or direction thereby directing the respondent No.1/school to revise/re-fix the salary of the petitioner as per the 7th Central Pay Commission w.e.f. 01.01.2016 in terms of Section 10 of the Delhi School Education Act, 1973;

(ii) issue an appropriate writ, order or direction thereby directing the respondent No.1/school to pay due salary to the petitioner in terms of Section 10 of the Delhi School Education Act, 1973 and in terms of the recommendation of 7th Central Pay Commission w.e.f. 01.01.2016 as revised from time to time, along with appropriate interest upon the arrears of salary;

(iii) issue an appropriate writ, order or direction thereby directing the respondent No.3 to take appropriate action against the respondent No.1 on account of violating the provisions of the Delhi School Education Act, 1973 and the Rules made thereunder;

(iv) Allow the present writ petition with exemplary compensation, cost and litigation expenses in favour of the petitioner; and

(v) Pass any such other or further orders as this Hon'ble Court may deem fit and proper in the interest of justice and in favour of the petitioner."

7. The narrative of facts that emerges from the averments in the writ petition is that Petitioner was appointed to the post of TGT (Physical Education) on 16.05.1994 by Respondent No. 1/Lions Public School (hereinafter referred to as the `School') as a permanent employee and has an unblemished and uninterrupted record of service. The School is a private unaided recognized School in Delhi and admittedly governed by the Delhi School Education Act, 1973 (hereinafter referred to as the `Act') and the Rules framed thereunder.

8. On 01.07.2004, Petitioner was promoted to the post of PGT (Physical Education). On 21.02.2015, Petitioner along with 20 other teachers/employees of the School preferred a writ petition being W.P.(C) 1753/2015, before this Court seeking pay revision in accordance with the recommendations of the 6th Central Pay Commission (CPC) w.e.f. 01.01.2006, in terms of Section 10(1) of the Act and on 23.02.2015, notice was issued in the writ petition. During the pendency of the petition, matter was amicably settled between the parties and a Memorandum of Settlement was signed on 03.03.2016. It was agreed that benefits of the 6th Pay Commission including Dearness Allowance etc. shall be paid to the Petitioners and recording the settlement between the parties, writ petition was disposed of on 15.03.2016.

9. Case set out by the Petitioner is that he is entitled to pay revision under the 7th CPC recommendations, embodied in CCS (Revised Pay) Rules, 2016. Being aggrieved by the failure of the School to revise his salary and emoluments, Petitioner served a legal notice seeking parity with his counterparts in other Schools, invoking Section 10(1) of the Act. On receipt of the notice, instead of paying the dues of the Petitioner, the School started victimising and harassing the Petitioner and issued several Memos/notices levelling fal