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K.N.SINGH, M.H.KANIA
Jaipal: Niaz Mohammed: Prem Lata: Hazari Lal: Prem Chand: Mohd. Qasim: Balwinder Kaur: Dharam Pal: Maha Singh 5aini: Nafe Singh – Appellant
Versus
State Of Haryana – Respondent
How to apply the doctrine of "equal pay for equal work" when instructors and squad teachers perform similar duties under the same employer? What is the correct pay scale entitlement for instructors under the Adult Education and Non-formal Education Scheme in Haryana in relation to squad teachers? What are the rights of instructors regarding regularisation and arrears of salary in comparison with squad teachers under the State scheme?
Key Points: - The court holds that instructors’ duties are similar to those of squad teachers and thus equal pay for equal work applies (!) . - Instructors are entitled to the same pay scale as squad teachers, with arrears and length of service considerations from initial appointment, ignoring temporary breaks (!) , (!) . - The decision directs implementation from Sept. 1, 1985, aligning instructors’ salary with squad teachers and treating the scheme as permanent for pay purposes (!) , (!) .
Judgment
SINGH,J. :- The petitioners in all these ten writ petitions filed under Art. 32 of the Constitution of India have raised grievance of discrimination against the State of Haryana in not following the doctrine of "equal work equal pay".
2. The petitioners are working as instructors under the Adult and Non-formal Education Scheme under the Education Department of Haryana. The object of the Non-formal Education and Adult Education Scheme is to impart literacy (functional and awareness) to the adult illiterates in age group of 15-35 years and to provide literacy to the children in the age group of 5-15 years who are drop-outs from the primary and middle school level or who never joined any regular school. A number of Adult Education Centres have been opened in the State of Haryana, which are maintained under the Rural Functional Literacy Programme/ Project (RFLP) of the Central Government, administered by the State of Haryana although expenditure in respect of the project is borne by the Central Government. The petitioners were appointed instructors to impart literacy to adult illiterates at these Centres on different dates. The students who are taught by the petitioners are perm
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