A bench headed by Acting Chief Justice A K Sikri reversed an order of a single judge asking the Ministry of Social Justice and Empowerment to release funds to NGO Army Wives Welfare Association (AWWA) for paying salary to teachers and others at Asha school, meant for differently-abled kids of army personnel, at par with the government employees.
The court said that if such a direction is issued to the Centre in the case, then many employees of other institutions would come up with similar pleas.
"Such a direction if given to Asha school, many other or similar other institutions who are getting financial support under the Scheme formulated by the Ministry of Social Justice and Empowerment would come forward and it may become naturally difficult for the government to meet those demands.
"Therefore, direction to this effect given by the single judge to the appellant to release grant-in-aid commensurate to the requirement of Asha School to pay to its teachers and staff... Pay scales on par with the scales of pay given to the staff... In government schools is not legally permissible and we set aside the same," the bench, also comprising Justice R S Endlaw, said.
The court's decision came on an appeal of the Centre against the judgement of a single judge asking it release more funds to AWWA for paying teachers and others salary of Asha School on par with their colleagues in government institutes. MORE