Delhi High Court: Persons working in private schools are not liable to claim ‘child care leave’ benefits

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Justice Valmiki J. Mehta of the Delhi High Court held that persons working with private schools in Delhi are not liable to claim child care leave benefits. In the instant suit the petitioner claimed that individuals employed with private unaided schools are entitled to claim child care leave benefits under section 10 of the Delhi School Education Act, 1973.
Clause 10 of the Delhi School Education Act, 1973, was interpreted by the court outlining allowance and payment grades, gratuity, pension and medical facility, provident fund and other perks provided to the individuals employed with recognized schools not less than those employed with schools of similar status operated by a proper authority.

The court observed “In the present case, it is not the case of the petitioner that the Child Care Leave if not taken can be converted into monetary benefits such as leave encashment etc. Therefore since Child Care Leave cannot be converted into monetary benefits in view of the ratio of the Division Bench judgment of this Court in the case of M.I. Hussain & Anr. (supra), petitioner hence cannot claim benefit of Child Care Leave by seeking application and benefit of Section 10 of the Act.”

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