The Delhi High Court has ordered that the Capital’s private un-aided schools are also obliged to grant paternity leave to their staff.
Justice Sunil Gaur of the Court passed the order when counsel for the Delhi Government submitted that according to the Central Civil Services (Leave) Rules private schools were also required to grant paternity leave to their staff.
The Government has adopted the Central Civil Services (Leave) Rules verbatim.
The matter had come to the High Court in a petition by a post-graduate commerce teacher of a private school at Rohini in West Delhi challenging rejection of his paternity leave application and deduction of his salary for the period he had been on leave to take care of his wife who had given birth to a baby in December last year.
The school management had deducted the salary of the petitioner, Chandramohan, on the ground there was no provision for paternity leave at its institution. The management further told him that it did not grant paternity leave to its staff as no un-aided public schools in the Capital provided this.
However, following the submission by counsel for the Government, the school management agreed to grant the leave to its staff.
Counsel for it submitted that it had earlier refused to sanction the leave to the petitioner as it was not aware of the rule pertaining to the paternity leave and the Directorate of Education also did not bother to make it aware of it.
The petition had gone on paternity leave for 15 days as per the provisions on January 3 this and joined duty on January 18 on conclusion of it. However, when he got his salary for January he found that his leave had been rejected and salary deducted for the leave period.
In his petition filed through his lawyer, Ashok Aggarwal submitted that every unaided school in the Capital was bound to provide paternity leave for a fortnight within 60 days before or after delivery.
He submitted that the Delhi Education Act and Rules say that the staff of un-aided public schools shall be given salary, allowances, leave and other benefits equivalent to their counterparts in government schools.
The Centre in 1999 notified that all its employees would get paternity leave for a fortnight. Following the Centre Government’s notification, the Delhi Government also notified it for its employees as well as for the staff of the un-aided public schools, the petitioner submitted.
The petitioner had urged the Court to issue a declaration that the facility of paternity leave also applied to the staff of un-aided public schools.