Constitute Committee To Supervise Implementation Of Pay Commission Recommendations On School Staff: High Court To Delhi Govt

Constitute Committee To Supervise Implementation Of Pay Commission Recommendations On School Staff: High Court To Delhi Govt

Case: Anjali Vaid And Ors V. Adarsh World School And Ors

Coram: Justice Chandra Dhari Singh

Case No.: W.P.(C) 3592/2022

Court Observation: “The DoE is directed to issue a notification within two weeks from the date of pronouncement of this judgment, for the purpose of convening zonal committee, wherein, various stakeholders including teaching and non- teaching staff of several schools, who are aggrieved by the non – implementation of the Pay Commission shall file their claim before the concerned Zonal Committee,”.

“The Committee must ensure that the grievances of the superannuated employees of the schools are also being addressed by it. Moreover, the Committee must ensure that the retirement/terminal benefits to which the employees are entitled to shall be duly paid to them,”.

“The Committee shall ensure that there is a mechanism that in future too if any dispute arises pertaining to the implementation of recommendations of Pay Commission, the same may be addressed by way of the High-Powered Committee. Hence, the Committee shall ensure that there is a redressal of not merely the present disputes but also of the future dispute, that may arise,”.

“…this Court is of the considered view that this is a fit case to exercise its extraordinary writ jurisdiction and to ensure that there is implementation of the recommendations of Pay Commission. This Court shall ensure that the arrears of the petitioners‘ are being duly paid to them whilst ensuring that the schools have the requisite funds to pay the same to their staff,”.

“Education is an invincible weapon for empowering the next generation of the nation and the nation by of regulation authority has to exercise certain control to ensure that there is uniform quality of education is provided to every student of the country. The aspect of autonomy in administration of unaided or aided school therefore, does not come into play since the state has to ensure that there is quality education provided to the children. Hence, the unaided minority schools are bound by certain regulations of the appropriate authority,”. “This Court observes that any unaided recognized school shall be governed by the Section 10 of the DSE regarding the salaries and emoluments of the staff of the said school and the same shall be equivalent to person at the same position in an aided school.”

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Keywords

Constitute Committee To Supervise, Delhi High Court