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news details
Delhi HC directs regularisation of Kashmiri migrant teachers
5/23/2018 10:35:30 PM
Agencies
New Delhi, May 23 : The Delhi High Court on Wednesday directed the city government to regularise Kashmiri migrant teachers working in municipal and government schools on contractual basis for decades.
"The government of Delhi and the East Delhi Municipal Corporation, South Delhi Municipal Corporation, North Delhi Municipal Corporation and the New Delhi Municipal Council shall pass appropriate regularization orders, stating that they are regularly appointed teachers from the date of their first appointment," a bench of Justice S. Ravindra Bhat and Justice Deepa Sharma ruled and gave eight weeks to implement the decision.
The court observed that the teachers condition sets them apart and defines a distinctive exception, the bench ruled that the Kashmiri migrant teachers shall also be entitled to provident fund benefit, gratuity and pension upon attaining the age of superannuation.
"If any of the petitioners or any other Kashmiri migrant teacher has already attained superannuation or has died in the interregnum the government shall calculate their entitlement and release them to such retired employees, and in the case of death, release such amounts to the legal representatives of deceased employees," the court ordered.
The court also said that Kashmiri teachers are entitled for the increase in pay scales and allowances based on recommendations of the seventh pay commission.
The court said: "The petitioners' hope of returning to their homes, and for peace in the Kashmir Valley may not yet be attainable; but the acceptance of their claims, should act as a balm, re-kindle their confidence in the society and our commitment to equality and equal opportunity."
"The right can be meaningfully exercised only through the medium of effective teachers, who can inspire, instruct and inculcate both values and learning content, vital to the growth and well being of the coming generations.
"Continuing to deprive teachers of their rightful status and denying them dignity, which inevitably follows with insecurity of service and pitiable service conditions, would result in our society's never being able to achieve these aims," the court said.
The ruling came while disposing of the government's appeal challenging a 2015 order of a single judge of the High Court directing regularization of the Kashmiri migrant teachers employed on contractual basis in government and municipal schools in the national capital since 1994.
The 2015 order of the High Court had come on the plea of the migrant teachers who were seeking equal pay and work benefits as well as regularization of jobs, after their representations to the Centre and the Delhi government had failed to get them any relief.
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