Case Note & Summary
The dispute arose in the State of Haryana regarding the pay disparity between instructors under the Adult and Non-formal Education Scheme and squad teachers under the Social Education Scheme. The petitioners, appointed as instructors to impart literacy, were paid a fixed salary of Rs. 200 per month, while squad teachers received a pay scale of Rs. 420-700. The petitioners contended that their duties were similar to those of squad teachers, and they sought equal pay, regularization of their services, and recognition of their department as permanent. The respondents argued that the instructors were part-time and not transferable, and their duties differed significantly from those of squad teachers. The court analyzed the nature of duties performed by both groups and found that they were indeed similar, emphasizing that the doctrine of equal pay for equal work applied. The court rejected the respondents' claims regarding the differences in employment status and mode of recruitment, asserting that the State has a constitutional obligation to ensure equal pay for equal work. The court directed that the petitioners' salaries be fixed in the same pay scale as squad teachers, effective from their initial appointment date, and allowed the writ petitions partly with costs quantified at Rs. 5,000.
Headnote
A) Constitutional Law - Equal Pay for Equal Work - Doctrine Application - Constitution of India, Articles 14, 39(d) - The court held that instructors and squad teachers perform similar duties under the same employer, thus the doctrine of equal pay for equal work applies. The State is constitutionally obligated to ensure equal pay for similar work, regardless of the temporary nature of the instructors' employment (Paras 421-424).
Issue of Consideration
Whether instructors under the Adult and Non-formal Education Scheme are entitled to the same pay scale as squad teachers under the Social Education Scheme.
Final Decision
The court directed that the petitioners' salaries be fixed in the same pay scale as squad teachers, effective from their initial appointment date, and allowed the writ petitions partly with costs quantified at Rs. 5,000.
Law Points
- equal pay for equal work
- constitutional obligation
- discrimination in pay
- temporary employment rights
- similar duties under same employer
