Unaided school staff cannot be denied gratuity or PF: SHRC

Denial of service benefits such as subsistence allowance, gratuity, or provident fund (PF) to unaided school staff is unlawful, the Kerala State Human Rights Commission (SHRC) has said.

The commission’s directive comes in the wake of a report by the Director of General Education that the State government has not issued an order defining the service and wage conditions of unaided school employees.

Commission chairperson Alexander Thomas was taking action on a petition by a Malayalam teacher of a higher secondary school at Kamukinkode. The complainant alleged that she was suspended on July 13, 2023, on the basis of a false complaint and sacked in April 24, 2024. However, she was given no benefit such as subsistence allowance during the suspension period, the complainant said.

The commission directed the petitioner to give a complaint to the district labour officer that she did not receive the sum she was entitled to under the Payment of Gratuity Act, 1972. The district labour officer should ensure that gratuity has been paid. If the gratuity is not paid within a month, a complaint should be submitted to the gratuity ‘controlling authority.’

Steps should be taken to ensure payment of gratuity under the Act to the petitioner, it said.

The commission said the petitioner could not be denied subsistence allowance just because she was employed at an unaided school. She was entitled to subsistence allowance from the time she was suspended to when she was terminated from service. The commission chairperson directed the district labour officer to appoint a government official to inquire into the complaint and take a decision on the matter.

If it is proved that the petitioner is eligible for Provident Fund, the Provident Fund Commissioner should steps to recover the amount from the school management, the commission said.