Delhi HC pulled up EDMC for non-payment of salaries to teachers, asks to make endeavour to pay
Jul 06, 2022
New Delhi [India], July 6 : The Delhi High Court on Wednesday pulled up East Delhi Municipal Corporation (EDMC) for not paying salaries to its primary school teachers. The bench has asked EDMC to make every endeavour to make salaries to its teachers before the next date of hearing.
A division bench comprising Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad pulled the official for not paying salaries to the primary school Teachers.
The bench asked, " make every endeavour to pay the salaries to teachers before the next date of hearing. "
Now matter has been listed for July 22, 2022.
Advocate Ashok Agarwal in the morning had mentioned an application for an early hearing in the matter before the bench.
He submitted that primary school teachers are not getting salaries for the last five months. They are facing financial problems due to non-payment of salaries.
The bench questioned the civic agency saying, "It is very unfortunate and they are going to pass an order."
The matter was listed at 2.30 PM today. The bench showed his displeasure over the situation.
Several Teaches had moved a petition in Delhi High Court seeking direction to the respondent EDMC to pay petitioners and all other similarly situated teachers their unpaid salary for the last 5 months i.e. from December 2021 to April 2022.
Five teachers of East Delhi Municipal Corporation (EDMC) school through Advocates Ashok Aggarwal and Kumar Utkarsh submitted that there are approximately 5000 Primary teachers working in as many as 365 Primary schools run by EDMC and none of the said teachers including petitioners have been paid their due salaries since December 2021 and their families are facing serious financial problems due to that. They are unable to pay their children's school fees, EMIs, run their kitchen, etc.
The petitioners submitted that the Primary schools being run by respondent EDMC are governed by the Right of Children to Free and Compulsory Education Act, 2009. It is submitted that in terms of Section 7 of the RTE Act, 2009, it is the joint responsibility of the Central Government as well as the State Government to provide funds for carrying out the provisions of the Act.
It was submitted that respondents by their inefficient functioning have created an artificial crunch of funds making it an excuse for not paying or delaying payment of salary to its employees. In the submission of petitioners, this cannot be a valid ground as the same affects the fundamental right to livelihood as guaranteed to the petitioners under Articles 14 and 21 of the Constitution of India read with provisions of Right of Children to Free and Compulsory Education Act, 2009.
The plea further submitted that petitioners through their Association have made several representations to respondent EDMC for payment of their due salaries but all in vain.
The petition further submitted that in case of respondent EDMC is unable to pay salaries to its hardworking Primary teachers, the best alternative would be to hand over all Primary schools run by respondent EDMC to the respondent Government of NCT of Delhi for running the same. It is also submitted that in case these schools are transferred to the government of NCT of Delhi, it would not only ensure regular payment of salary to its employees (Teachers) but also there would be a remarkable improvement in the standard of education. Nearly one lakh students are presently studying in 365 EDMC Primary schools.
