If female schoolteachers across Delhi — government-run or private — have the right to maternity leave, male teachers are entitled to paternity leave as well, the Delhi government has told Delhi High Court.
The confusion over if male teachers in unaided public schools will get paternity leave has been cleared by Delhi government before Delhi High Court on Tuesday, following which a judge issued a ruling.
“The government has filed an affidavit taking a stand that leave rules, including paternity leave, is applicable to unaided private schools in Delhi also. In view of that and assurance that the private school will allow the leave to the petitioner teacher, I dispose of the petition,” said Justice Sunil Gaur.
Chander Mohan Jain, a teacher with N.K. Bagrodia Public School in Rohini had moved the court challenging deduction from his salary for the leave he took after his wife’s delivery.
Jain had no other option but to take 15 days’ leave in December 2008 as his wife and child faced complications after the premature delivery.
When he got his salary for the month, he saw that the school had deducted Rs 9,239. His leave application had been rejected stating that the school had no provision for paternity leave.
The period of his absence was considered as on ‘loss of pay’.
Jain’s counsel Ashok Aggarwal contended that every unaided school in the Capital was bound to provide paternity leave for a fortnight within 60 days before or after the wife’s delivery.
He submitted that the Delhi Education Act and Rules say that the staff of unaided public schools shall be given salary, allowances, leave and other benefits equivalent to their counterparts in government schools.
The Centre had in 1999 notified that all its employees would get paternity leave for a fortnight. Following that, the Delhi government also notified the same for its employees as well as for the staff of unaided public schools.
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.