T’puram: State human rights commission chairperson Justice Alexander Thomas has said that denying subsistence allowance, gratuity and provident fund benefits legally due to employees of unaided schools is unlawful.The order was issued in the backdrop of a report by the director of general education stating that the state govt has not issued any order defining the service and salary conditions of employees of unaided schools.The action was taken on a complaint filed by a Malayalam teacher of Kamukincode Higher Secondary School in Thiruvananthapuram. In her complaint, the teacher said she was suspended on July 13, 2023, on the basis of a false complaint and was dismissed from service on April 24, 2024. She also said she did not receive any benefits, including the subsistence allowance due during the suspension period.The commission directed the complainant to approach the district labour officer with her complaint. “The district labour officer (DLO) should ensure that the gratuity is paid. If the amount is not paid within a month, she should file a complaint before the gratuity controlling authority. Steps should be taken to ensure that the complainant receives the amount due under the central Payment of Gratuity Act,” Justice Thomas said.In the order, the chairperson said subsistence allowance due to the complainant during the period of suspension cannot be denied merely because she was working in an unaided school. She is legally entitled to subsistence allowance from the date of suspension until the date of removal from service. The commission directed the DLO to appoint a gov official to conduct an inquiry and take a decision on the matter.Justice Thomas also directed the PF commissioner to take steps to recover the amount from the school management if it is found that the complainant is entitled to provident fund dues.
