W.P.(C) Nos. 18004-05/2005 & 6351/2006

Page 1 of 9

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

W.P. (C) No. 18004-05/2005

& W.P. (C) No. 6351/2006

%

23^rd January, 2017

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W.P.(C) No. 18004-05/2005

VARDHAMAN SHIKSHA MANDIR SENIOR SECONDARY SCHOOL

& ANR.

..... Petitioner

Through:

Mr. Ruchi Jain, Adv.

versus

GOVT. OF NCT OF DELHI & ORS.

..... Respondents

Through:

Mr. Satyakam, Addl. Standing

counsel for Govt. of NCT of Delhi-R-

1 and 2.

Mr. Bhagwan Swarup Shukla, CGSC

with Mr. Shekhar Gehlot, Adv. for

R/UOI.

Mr. Shankar Raju, Adv. for R-3.

+

W.P.(C) No. 6351/2006

MRS. PROMILLA JAIN

….Petitioner

Through:

Mr. Shankar Raju and Mr. Nilansh

Gaur, Adv.

VARDHAMAN SHIKSHA MANDIR SENIOR SECONDARY SCHOOL

& ORS.

… .Respondents

Through:

Ms. Ruchi Jain, Adv.

Mr.

Satyakam,

Addl.

Standing

counsel for Govt. of NCT of Delhi

2017:DHC:402

W.P.(C) Nos. 18004-05/2005 & 6351/2006

Page 2 of 9

Mr. Bhagwan Swarup Shukla, CGSC

with Mr. Shekhar Gehlot, Adv. for

R/UOI.

CORAM:

HON’BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

YES

VALMIKI J. MEHTA, J (ORAL)

W.P.(C) No. 18004-05/2005 and W.P.(C) No. 6351/2006

1.

The limited issue argued before me in these cases is as to

whether the petitioner/Mrs. Promilla Jain in W.P. (C) No. 6351/2006 is or is

not entitled to payment of gratuity on account of being an employee of the

respondent no.1/school in W.P. (C) No. 6351/2006 and which school is

Vardhaman Shiksha Mandir Senior Secondary School.

2.

In both the writ petitions effectively what is challenged is the

order of the Directorate of Education dated 6.9.2004 which clarifies and

applies the requirement of payment of gratuity to employees of schools in

Delhi. This order of the Directorate of Education dated 6.9.2004 reads as

under:-

“GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI

DIRECTORATE OF EDUCATION, (ACT BRANCH) R. NO. 212A OLD

SECTT., DELHI

No.F.15/ACT/2004/7045-7146

Dated: 06.09.04

ORDER

2017:DHC:402

W.P.(C) Nos. 18004-05/2005 & 6351/2006

Page 3 of 9

Sub:

Clarification regarding the payment of gratuity.

Attention of Managing Committee of all Recognized private school is hereby

invited to Section 10(1) of Delhi School Education Act 1973, which is

reproduced below:-

“The scales of pay and allowances, medical facilities, pension, gratuity,

provident fund and other prescribed benefits of the employees of a recognized

private school shall not be less than those of the employees of the

corresponding status in school 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 recognized 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 writing the managing committee of such

school to bring the same up to the level of those of the employees of the

corresponding status in schools run by the appropriate authority:

Provided further that the failure to comply with such direction shall be deemed

to be non-compliance with the conditions for continuing recognition of an

existing school and the provisions of section 4 shall apply accordingly.

Terminal benefits of the employees of the Govt. Schools are being disbursed as

per provisions of C.C.S. (Pension) Rules, 1972, and C.C.S.(Temporary Service)

Rules, 1965.

In supersession of all orders issued on the subject, management committee of

all the recognized private schools are therefore directed to make payment of

terminal benefits of their employees not less than as prescribed under CCS

(Pension) Rules, 1972 and CCS (Temporary Service) Rules, 1965.

Sd/-

(RAJENDRA KUMAR)

DIRECTOR OF EDUCATION

To

The Managing Committee

Through the Manager of all

The Unaided Recognized Schools.