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IN THE HIGH COURT OF CALCUTTA
Dipankar Datta, J.
Prarthana Kumar Roy & Ors. - Petitioners
Versus
State of West Bengal and Ors. - Respondents
Constitutional Writ Jurisdiction (Appellate Side) W.P. 15892, 15894, 15896, 15898, 15900, 15902, 15904, 15905, 15907, 15908, 15910, 15911, 15913, 15914, 15916, 15918, 15919, 15921, 15923, 15925, 15927, 15928, 15929, 15931, 15933, 15934, 15936, 15938, 15940 (W) of 2014
Decided On : 24-12-2014
For the Petitioners:Ashok Kumar Janah, Saikat Banerjee, Ina Bhattacharjee, Pampa Dhabal and Krishnadeo Das, Advocates
For the State :Amal Kr. Sen and Sabyasachi Mondal, Animesh Kanti Ghosal and Subhra Nag, Anjushree Mukherjee and Rita Patra, Sudipa Roy and Susmita Biswas Chowdhury, Md. Yamin Ali and Manas Kr. Sadhu, Md. Yasin Ali and Tapati Samanta, Nirmal Kr. Manna and Sanatan Panja, Tushar Sinha Mahapatra, Anjushree Mukherjee and Barnali Sarkar (Mitra), Rama Prasad Sarkar, Moloy Roy, Naren Ghosh Dastidar, Advocates
The principle of 'equal pay for equal work' cannot be applied blindly without considering factors like source and mode of recruitment, qualifications, nature of work, responsibilities, reliability, experience, confidentiality, functional need, etc.
Headnote:
WEST BENGAL SCHOOL SERVICE COMMISSION ACT - SECTION C, PART C OF SCHEDULE II - EQUAL PAY FOR EQUAL WORK - PART-TIME TEACHERS VS FULL-TIME TEACHERS - DIFFERENCE IN SOURCE AND MODE OF RECRUITMENT - CASUAL LEAVE AND MEDICAL LEAVE - GOVERNMENT ORDER DATED JULY 28, 2010 AND MARCH 20, 2014 - INTERPRETATION AND APPLICATION: 1. Part-time teachers appointed on contract basis under Government order dated June 6, 2002 have a different source and mode of recruitment compared to full-time permanent teachers appointed on the recommendations of Regional Commissions under the West Bengal School Service Commission Act, 1997. 2. The principle of 'equal pay for equal work' cannot be blindly applied without considering factors like source and mode of recruitment, qualifications, nature of work, responsibilities, reliability, experience, confidentiality, functional need, etc. 3. Part-time teachers cannot claim pay parity with full-time permanent teachers solely based on the similarity in their job of imparting lessons to students. 4. Government order dated July 28, 2010 granting casual and medical leave to part-time contractual teachers was withdrawn by Government order dated March 20, 2014. 5. However, Government order dated March 20, 2014 still entitles part-time contractual teachers to 10 days of casual leave and 10 days of medical leave without the condition of taking an equal number of classes per week as regular and full-time teachers.
Fact of the Case:
Part-time teachers of non-Government higher secondary schools in West Bengal challenged orders rejecting their claims for 'equal pay for equal work' and leave benefits at par with full-time permanent teachers appointed on the recommendations of Regional School Service Commissions.
Finding of the Court:
1. The source of recruitment of part-time teachers and full-time permanent teachers is not the same. 2. Part-time teachers are not entitled to claim pay parity with full-time permanent teachers due to the difference in their source and mode of recruitment. 3. Part-time contractual teachers are entitled to 10 days of casual leave and 10 days of medical leave as per Government order dated March 20, 2014.
Issues: 1. Whether part-time teachers are entitled to 'equal pay for equal work' with full-time permanent teachers. 2. Whether part-time contractual teachers are entitled to casual leave and medical leave.
Ratio Decidendi: 1. The principle of 'equal pay for equal work' cannot be applied blindly without considering factors like source and mode of recruitment, qualifications, nature of work, responsibilities, reliability, experience, confidentiality, functional need, etc. 2. Part-time teachers cannot claim pay parity with full-time permanent teachers solely based on the similarity in their job of imparting lessons to students. 3. Government order dated March 20, 2014 entitles part-time contractual teachers to 10 days of casual leave and 10 days of medical leave without the condition of taking an equal number of classes per week as regular and full-time teachers.
Final Decision: 1. The writ petitions seeking 'equal pay for equal work' are dismissed. 2. The part of the impugned orders declining casual and medical leave to the petitioners is set aside, and they are entitled to such leave as per Government order dated March 20, 2014.
Dipankar Datta, J.
This bunch of 30 (thirty) writ petitions are at the instance of part-time teachers of non-Government higher secondary schools. Each of the 30 (thirty) petitioners has laid claim to 'equal pay for equal work' at par with the full-time permanent teachers appointed on the basis of the recommendations of the relevant Regional School Service Commissions (hereafter the Regional Commissions) as well as 'leave' benefits.
2. In all the writ petitions, orders passed by the Commissioner of School Education, West Bengal (hereafter the Commissioner) of varying dates rejecting the claims of the petitioners are under challenge. The claim of each petitioner for 'equal pay for equal work' has been rejected primarily on the ground that the source of recruitment of part-time teachers and full-time permanent teachers is not one and the same. That apart, their prayer for casual leave and medical leave was rejected on the ground that the relevant Government Order dated July 28, 2010 extending such benefit had been withdrawn.
3. Prior to November 1, 1997, recruitment of teaching staff in non-Government aided and unaided schools was regulated by the guidelines issued from time to time by the Director of School Education, West Bengal. For achieving vested interests, members of the Managing Committee of such schools started indulging in malpractices. Towards the end of the last century corruption assumed such enormous proportion that the need to eradicate it completely from the field of recruitment of teachers was seriously felt. The will of the people in this behalf was expressed by the legislature by enacting the West Bengal School Service Commission Act, 1997 (hereafter the Act), creating the West Bengal Central School Service Commission (hereafter the Central Commission) and the Regional Commissions. The Central Commission and the Regional Commissions were required to act in tandem for searching out the best talent in the State and to recommend them for ultimate appointment as teachers. The system has been in vogue for nearly two decades and although not entirely but to a large extent it has been possible to arrest corruption that was prevalent in recruitment of teachers towards the end of the eighties and major portion of the nineties of the last century.
4. Despite the Act mandating that no teacher shall be appointed except on the recommendation of the Regional Commission having jurisdiction, the need was again felt to cater to the students of schools where additional posts were created either due to increase in roll strength in schools having higher secondary section or due to up-gradation of a high school to a higher secondary school. The procedure prescribed by the Act being time consuming, the Government issued memo dated June 6, 2002 for appointment of part-time teachers on such newly created posts in the schools having higher secondary sections on part-time basis and on terms and conditions imposed therein. Nearly 1500 posts created in phases were to be filled up by part-time teachers. Relevant portions of memo dated June 6, 2002 together with the contract that the part-time teachers were required to execute, read as follows:
"No. 219-SE(HS)/6A-5/01
The 6th June, 2002.
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Sub. : Creation of 900 (nine hundred) posts of part-time teachers Higher Secondary Section of Higher Secondary Schools in West Bengal.
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The undersigned is directed by order of the Governor to say that the Governor has been pleased to accord sanction to the creation of 900 (nine hundred) posts of part-time teachers for the Higher Secondary Section of Higher Secondary Schools in West Bengal on a fixed pay of Rs. 2,000/- per month on contract basis as part-time teacher. The post will be filled up y the Managing Committee/Adhoc Committee/Administrator of the Higher Secondary Institution on the following terms and conditions:-
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(ii) The period of contract should be 1 (one) year with a provision of renewal with a
