The Delhi High Court has directed New Saraswati Public Secondary School to pay 50% back wages and admissible allowances to a teacher who remained out of service for nearly 15 years after his termination was set aside.
Justice Sanjeev Narula passed the judgment on August 21, 2026, in a petition concerning the teacher’s entitlement to wages for the period from October 16, 2002 to February 14, 2017.
Background of the Case
Rajinder Kumar Gupta joined the school as an Assistant Teacher in 1993 and was later assigned the position of Assistant Teacher (Computer). His services were terminated in October and November 2002.
After a long legal battle, the Delhi High Court set aside the termination in February 2017 and directed his reinstatement. The school’s appeal was dismissed, and its Special Leave Petition was also dismissed.
However, Gupta was not immediately allowed to resume duty. He eventually joined in August 2017, after contempt proceedings had commenced. The school later issued an order in April 2018 treating his reinstatement as effective from the original termination date, but restricted monetary arrears to the period beginning February 15, 2017.
Court’s Observation
The dispute before Justice Narula centred on Rule 121 of the Delhi School Education Rules, 1973, which requires the Managing Committee to decide the salary and allowances payable after reinstatement.
The Court found that the Managing Committee had wrongly treated allegations concerning a certificate as an established finding while rejecting the claim for back wages.
"The School could ask the question. It could not assume the answer."
The Court noted that the earlier Division Bench had left open the question of Gupta’s eligibility to continue as an Assistant Teacher. That issue could be examined in accordance with law, but it could not be treated as already decided against him while considering his claim for back wages.
The Court also rejected an automatic application of the principle of “no work no pay”, noting that Gupta had reported for duty after reinstatement but was initially denied joining. His affidavit stated that he remained unemployed during the relevant period, and the school produced no material showing otherwise.
Decision
The High Court set aside the Managing Committee’s August 5, 2017 order and awarded Gupta 50% of the back wages and admissible allowances for October 16, 2002 to February 14, 2017.
The pay is to be notionally progressed by applicable increments and pay revisions, while the actual monetary entitlement remains limited to 50%. The school must complete the calculation and make payment within eight weeks.
Any unpaid amount after that period will carry simple interest at 6% per annum.
 Act (UAPA)-300x169.webp)
