The Delhi High Court has made it clear that recognized private schools in the capital must provide salaries and benefits to their teachers and staff that are equal to those received by government school employees. This significant ruling came during the hearing of a petition filed by a teacher, Sujata Mehta, who passed away while her case was still ongoing. The court has directed that all outstanding dues and benefits be paid to her legal heirs.
What Does the Court Order Mandate?
Justice Sanjeev Narula’s bench reaffirmed on February 12, 2026, that private schools operating in Delhi are legally required to offer the same scales of pay, allowances, medical facilities, pension, gratuity, and provident fund benefits as their counterparts in government schools. This mandate is rooted in Section 10(1) of the Delhi School Education Act (DSEA), 1973.
The court explicitly stated that financial constraints or delays in fee-hike approvals from the Directorate of Education (DoE) are not valid reasons for schools to avoid implementing the 7th Central Pay Commission (CPC) recommendations. If a private school chooses to operate, it must comply with these statutory rules.
Details of the Specific Case
The petition was initially filed by Sujata Mehta, a teacher who served in a private school from 1984 until her retirement on November 30, 2019. Sadly, Ms. Mehta passed away on December 26, 2021, before her petition could conclude. Advocate Ashok Agarwal represented the teacher’s side in this case.
The court has now directed the school to calculate and disburse all arrears, including revised salaries and allowances, from the date of entitlement (2016 onward) to Ms. Mehta’s legal heirs. This ruling ensures that even if a petitioner is no longer alive, their legal rights to monetary benefits from such litigation are upheld.
