• What if we are unable to follow VIIth pay commission

Hello,

We are a CBSE affiliated school. We are a private unaided school which is run by a registered trust.

We are currently paying our teachers salary as per VIth pay commission in the following heads, i.e. Basic Pay, Grade Pay, Dearness Allowance (@ 70% of Basic Pay + Grade Pay) & Other allowances.

I have two queries:
Is it mandatory to pay Dearness allowance to even private players like us or is it mandatory only for the government employees?
What if I am unable (due to lack of incoming funds) to pay salary to my staff as per the VIIth pay commission? 

Your help and guidance will be of great value.
Asked 5 years ago in Labour

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13 Answers

No, private payers have their payment rules and break up neither you are liable to follow pay commissioner recommendations which is entirely applicable on govt. dept.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Pay commission recommendation is applicable to govt office employees. Private bodies are free to adopt their own pay structrures. DA paymeny is also not mandatory for private bodies.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Has any direction been issued by directorate of education to implement latest pay commission reports ? 

 

Do you have any land allotted by govt ?

 

3) you can increase the fee structure to implement the recommendations of vii pay commission 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7532 Consultations

5.0 on 5.0

If being applicable for seventh pay commission and not provided legal action can be initiated against you. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Pursuant to the implementation of Seventh Pay Commission recommendations, on private unaided recognized schools, retrospectively w.e.f. 1.1.2016, the Department of Education, Delhi, has issued a Circular dated 17.10.2017, to all private unaided recognized schools in Delhi, to implement the Seventh Central Pay Commission’s recommendations, and permitting a hike of 15% in the tuition fees, for the FY 2017-18.

 

 

2) Section 10 of Delhi Education Act, 1973 stipulates that the scales of pay and allowances, medical facilities, pension, gratuity, provident funds and other prescribed benefits of the employees of recognized private schools shall not be less than those of the employees of the corresponding status in school run by the appropriate authority.

 

3) it becomes the obligation of the private unaided schools as well to revise the pay scales of the teachers and other staff employed by them so as to bring them at par with the pay scales and allowances enjoyed by their counterparts in the Government schools.

Ajay Sethi
Advocate, Mumbai
94723 Answers
7532 Consultations

5.0 on 5.0

Already answered. In delhi it is subjudice. Delhi HC is considering the issue of fee hike if 7th pay commission recomendation is implemented for private school teachers. 

Ensure whether there is any govt circular or guidelines issued in this regard. 

Again reiterated unaided private school is not bound to go by commission recomendation in absense of any such guidelines.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Hello, 

It is the obligation of the private unaided scholl in light of the circular dated [deleted] to revise the pay scale of the teachers as per the seventh pay commission recommendation. 

Yes the private schools are required to follow the pay commission. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Pay commission applies to govt  institutions and KV is centrally regulated institution so cannot be compared with yours.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Private unaided schools do not need to follow the recommendations of the 7th pay commission. 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

KV's supposed to pay as per the recommendations of the 7th pay commission because they are under the control of the central government, whereas in your case you are running a private unaided school for which no such rules apply. Also, no such notification has been issued by the directorate of education ordering the unaided private schools to follow the recommendations of 7th pay commission.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Not applicable to private unaided schools. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Since you say that this is a trust run school, you will be having the guidelines in the trust deed itself about the administration and management of expenses of the trust as well as the school. 

You can get the hints from that itself.

You have registered the institution with the educational authorities as well as with the labor department and various other authorities, hence you may have to comply with the conditions as confirmed in  the registration formalities with various authorities.

Since you have been following the pay structure as prescribed in law so far, any deviation in the procedures may attract penal provisions from the concerned authorities, hence decide about it first with the trust members before jumping into any conclusion on this.

You may decide in the trust members meeting on all such further issues and the legal complications involved in the change of pattern of salary method etc and pass a resolution accordingly.

Cbse is not deciding the pay scale of teachers only State govt is having the power of fixing the pay scale for different category of teachers. It is better to go through that particular state education department website

7th Pay Commission teachers salary in CBSE, PGT, TGT AICET: The pay hikes for the employees of central government, public units and teachers of schools, colleges was announced way back in September 2015.

Under 7th pay commission, teachers at all levels, CBSE, PGT, TGT and AICET, will get a salary hike of around 16 percent. School teachers will see a major hike in their salaries after implementation of the 7th Pay Commission, according to 7thcpc.in. 

You may visit the appropriate website for all such further queries in this regard.

T Kalaiselvan
Advocate, Vellore
84922 Answers
2195 Consultations

5.0 on 5.0

Basically the Pay band of the CBSE academics conjointly follows the rules as per the state. This implies that beneath a CBSE board the pay band shall be as:

Salary For Primary Teachers:

Pay band of Rs. 9300 to Rs. 34800 at the side of a Gross Pay of Rs. 4200. This implies that the first academics can ought to be paid in line with this gross pay.

Salary For PGT Teachers:

The pay band that has already been prescribed that’s Rs. 9300 to Rs. 34800 are going to be applicable to the academics beneath PGT additionally.

T Kalaiselvan
Advocate, Vellore
84922 Answers
2195 Consultations

5.0 on 5.0

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