Mumbai: The Sree Narayana Guru Central School in Chembur has approached the Bombay High Court seeking exemption from the implementation of the Pay Commission for linguistic minority schools, leaving its teachers gridlocked in a prolonged legal battle.
Nominal fees cited as financial strain
Established in 1980 by the Sree Narayana Mandira Samiti Trust, the school holds linguistic minority status. According to its petition, the institution charges nominal fees as it caters to students from lower-income backgrounds. Given its limited sources of income, the school argued that implementing the pay scales prescribed under the Maharashtra Employees of Private Schools (MEPS) (Conditions of Service) Regulation Act, 1977 would financially strain the institution.
The Pay Commission under the MEPS Act determines salaries, gratuity, and other benefits for teaching and non-teaching staff in private schools. Its implementation is mandatory for all schools, whether aided or unaided, to maintain standardised pay structures.
Teachers fighting for a decade
For nearly a decade, teachers employed at the school have been fighting for their rightful pay across various forums, including labour courts and the High Court. The school’s petition seeking changes in the law has further delayed their wait for dues.
Four teachers who filed cases against the school—now retired—continue to await long-pending salary arrears and gratuity despite multiple court orders, including a recent High Court directive, in their favour. “Since the early 2000s, we have been asking the school to implement the prescribed pay scales,” the teachers said.
Court orders 10% interest on gratuity
In an order dated December 10, 2024, the Bombay High Court directed the school to pay gratuity along with 10% interest to Ishwarlal Sali, 67, who served as a physical education teacher for 28 years. The payment is to be calculated as per the Sixth Pay Commission from his retirement in 2017 until realisation.
In another case, Vasanthi Venugopal, a mathematics teacher who took extra classes without charging additional fees to ensure strong board results, passed away before receiving her dues. “We lost her to cancer nearly two years ago. She couldn’t even use her own money for her treatment,” said her husband, V.K. Venugopal, who continues to pursue the case.
Similarly, P. Radha, who retired in 2002, did not receive her dues despite favourable court orders, with payments remaining pending until her death.
₹4 lakh owed to each teacher
Sali stated that at least ₹4 lakh is owed to each of the four teachers who continued legal action. “We first approached lower courts individually before moving to the High Court. Despite multiple orders, the dues have not been released,” he said. The teachers alleged that the management cited minority status and financial constraints for non-payment. However, they claim that the trust’s financial records indicate expansion and growth.
The issue extends to non-teaching staff as well. N.A. Mohan, 67, a retired clerk, also approached the court after his salary was found to be non-compliant with prescribed pay scales. “After decades of being underpaid, we have asked the school to compensate for the loss,” said Mohan.
2006 consent terms allegedly ignored
The dispute dates back to 2006, when 17 teachers collectively approached the court after repeated government directives to implement Pay Commission recommendations were allegedly ignored. The school agreed, through written consent terms, to implement the Sixth Pay Commission, leading to the withdrawal of the case. However, the teachers allege that the commitment was not honoured after the final batch of petitioning teachers retired in 2019, with gratuity and arrears still unpaid.
“The issue concerns most of the teachers in the school, but many are either afraid or lack the means and resources to pursue it. If the school complies with the orders, the current staff will also benefit,” added Venugopal. The school management did not respond to messages from the FPJ.
The school in their petition stated, "After several demands from the teachers, attempts were made to hike the school fees but it was met with resistance from the parents. With the rising costs to maintain infrastructure costs and other expenses, in the limited revenue stream is challenging and could lead to closure of the school".
With no resolution in sight, the teachers have written to Chief Minister Devendra Fadnavis seeking intervention and directions to the school.
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