Equal pay for equal work, says HC

August 16: The Bombay High Court while directing the state government to go ahead with its scheme to appoint contract teachers with certai...

August 16: The Bombay High Court while directing the state government to go ahead with its scheme to appoint contract teachers with certain modifications today upheld the well-accepted concept of 8220;equal pay for equal work.8221;

The division bench of Justice A P Shah and Justice V C Daga, dictating their interim order, observed that the scheme militated against the principles of equality. The judges pertinently observed that the duties and obligations expected of a contract teacher were no different from that of a permanent teacher. However, they were allowing the government to go ahead with the scheme8217;s implementation in view of the fact that thousands of posts for teachers were vacant and the state government was cash-strapped at present to pay its teachers well. The bench refused to stay the scheme.

The bench accepted the government8217;s decision to revise payscales for contract teachers or Shikshan Sevaks, as they are christened under the scheme. The bench directed the state government to modify the scheme within two weeks and give sufficient publicity to it throughout the state. It also ordered the filling up of all vacant posts within six months. As a result, over 40,000 teachers will be recruited all over Maharashtra. Advocate-general Goolam Vahanvati said the government has agreed to fill around 18,000 posts in primary section, 21,000 in secondary section and 3,700 in higher secondary sections.

While ordering the scheme to be restricted to three years, the bench came down heavily on the government8217;s refusal to curtail the scheme8217;s duration. It observed that the period of probation for teachers is two years under the Maharashtra Employees Private School Act. Even the Gujarat government which has implemented a similar scheme contemplates absorption of contract teachers after two years, it added. 8220;Five years is totally unreasonable and irrational. As a result, the best talent will not be attracted to this leading profession. The duration of appointment for contract should be curtailed. We feel such ad hoc appointments should not go beyond three years. We direct to modify the scheme from 5 to 3 years. Upon successful completion of three years, these Shikshan Sevaks will automatically stand absorbed as full-fledged, permanent teachers,8221; the bench held.

At the last hearing, the government placed before the bench a revision of payscales. Accordingly, primary teachers will now get an honorarium of Rs 3,000 against Rs 2,500 proposed, Secondary School Teachers, Rs 4,000 against Rs 3,000 and Higher Secondary Teachers, Rs 5,000 from its Rs 3,500. However, it refused to restrict the term of contract. The government, while accepting some of the suggestions made by the court clarified in detail various aspects of the scheme.

While admitting the petition today, the bench has kept open the legal challenge to the scheme until it is disposed of in a final hearing. The petitions were filed by teachers8217; organisations challenging the scheme as 8220;illegal8221;. The bench today held that prima facie there was substance in the petitioners questioning the validity of the scheme but did not grant a stay in public interest.

The bench also ordered appointment of a retired district judge to head a three-member regional committee to look into implementation of the scheme and to adjudicate matters pertaining to contract teachers8217; problems within a time-frame of 30 days. No civil court will decide matters pertaining to appointments under this scheme, it ruled. The bench today also brought in a small modification allowing contract teachers to be accorded maternity leave benefits as given to women teachers in general.