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IN THE HIGH COURT OF CALCUTTA
Soumen Sen, Saugata Bhattacharyya, JJ.
State Of West Bengal & Ors. - Appellant
Versus
Anirban Ghosh & Ors. - Respondent
M A T No. 1221 of 2019, 1367 of 2019
Decided On : 03-09-2020
Equal Pay for Equal Work - Part-time Teachers - West Bengal Schools (Control and Expenditure) Act, 2005, West Bengal School Service Commission Act, 1997 - G.O. No. 219-SE (HS) 6A-5/01 dated 6th June, 2002, G.O. No. 1253-SE (S) dated 9th September, 2002, G.O. No. 1176-SE(S) dated 28th July, 2010 - The court allowed the writ petition on the principle of equal pay for equal work, directing the appellant to make payment of salaries equal to basic pay in the scale of pay of a regular teacher working in Higher Secondary Section in a Non-Government Aided Higher Secondary School with effect from 28 July, 2010 till 24.12.2013 when the previous G.O. dated 28th July, 2010 stood withdrawn. The court also directed the Secretary (School Education Department) to consider the representation of the writ petitioners for the period from April 2007 till December 2009 and after 24th December 2013 demonstrating discharge of similar duties, within a period of 4 weeks after the lockdown is relaxed and the normal functioning of the schools and colleges are restored.
Fact of the Case:
The writ petitioners, part-time teachers in Higher Secondary Schools, filed writ petitions claiming equal pay for equal work compared to regular teachers. The Government had sanctioned part-time teaching posts on a contractual basis, with specific terms and conditions. The writ petitioners were appointed on a purely contractual basis for a fixed tenure, with no claim for regular appointment on expiry of their term. The Government had also taken a decision not to sanction any additional posts for schools running with part-time contractual teachers since 2002. The writ petitioners claimed that they were discharging the same duties and responsibilities as those of permanent/full-time teachers and sought equal pay.
Finding of the Court:
The court allowed the writ petition on the principle of equal pay for equal work, directing the appellant to make payment of salaries equal to basic pay in the scale of pay of a regular teacher working in Higher Secondary Section in a Non-Government Aided Higher Secondary School with effect from 28 July, 2010 till 24.12.2013 when the previous G.O. dated 28th July, 2010 stood withdrawn. The court also directed the Secretary (School Education Department) to consider the representation of the writ petitioners for the period from April 2007 till December 2009 and after 24th December 2013 demonstrating discharge of similar duties, within a period of 4 weeks after the lockdown is relaxed and the normal functioning of the schools and colleges are restored.
Issues: The main issue was whether the part-time teachers were entitled to equal pay for equal work compared to regular teachers, despite being appointed on a purely contractual basis with specific terms and conditions.
Ratio Decidendi: The court held that the part-time teachers, despite being appointed on a purely contractual basis, were entitled to equal pay for equal work if they were discharging the same duties and responsibilities as those of permanent/full-time teachers. The court directed the appellant to make payment of salaries equal to basic pay in the scale of pay of a regular teacher working in Higher Secondary Section in a Non-Government Aided Higher Secondary School with effect from 28 July, 2010 till 24.12.2013 when the previous G.O. dated 28th July, 2010 stood withdrawn.
Final Decision: The appeal succeeded in part, and the court directed the appellant to make payment of salaries equal to basic pay in the scale of pay of a regular teacher working in Higher Secondary Section in a Non-Government Aided Higher Secondary School with effect from 28 July, 2010 till 24.12.2013 when the previous G.O. dated 28th July, 2010 stood withdrawn. The court also directed the Secretary (School Education Department) to consider the representation of the writ petitioners for the period from April 2007 till December 2009 and after 24th December 2013 demonstrating discharge of similar duties, within a period of 4 weeks after the lockdown is relaxed and the normal functioning of the schools and colleges are restored.
JUDGMENT
1. The Court:- The direction for payment of salaries and other benefits to the writ petitioners equal to that of the regular scale of pay and at par with full-time permanent teachers of the concerned school by the judgment dated 4th July, 2019 has given rise to the present appeal.
2. Shorn of details, the Government of West Bengal, School Education Department, by a notification No. 219-SE (HS) 6A-5/01 dated 6th June, 2002, created 900 posts of part-time teachers for the Higher Secondary sections of the Higher Secondary Schools in West Bengal on a fixed pay of Rs. 2,000 per month on contract basis as part-time teachers to be filled by the Managing Committee/Ad-hoc Committee/Administrator of the Higher Secondary School, inter alia, on the following terms and conditions:
(i) The period of contract should be for one year with a provision for renewal with a break.
(ii) The teaching load for such part-time teacher should be normally 10 periods per week and these posts are meant for up-gradation of Higher Secondary Schools.
3. By a subsequent notification dated 8th August, 2002, being Memo No. 642- 1(2a)-SE (HS), the Director of School Education, Government of West Bengal, issued directions to different schools to take immediate steps to fill up the regular posts by bringing the matter to the respective School Service Commissions through the concerned District Inspector of Schools in strict compliance with the Reservation Rules (100 point roster) and all other rules and procedures, as framed by the Government from time-to-time. The posts sanctioned, meant for part-time (contract basis) teachers were also directed to be filled up simultaneously, as per the terms and conditions laid down in G.O. No. 219-SE (HS) dated 6th June, 2002. Following the aforesaid, the Director of School Education published guidelines for recruitment of part-time assistant teachers of recognised Non-Government Higher Secondary Schools/Madrasas in terms of G.O. No.1253-SE (S) dated 9th September, 2002. The said guidelines stated that all appointments would be made strictly according to the aforesaid guidelines and against such part-time teaching posts only which have been sanctioned by the School Education Department. All the candidates would be selected by the Selection Committee to be constituted in terms of the said guidelines. The appointments made on the basis of such guidelines would be purely on temporary and contractual basis and for a period of one year. The guidelines made it clear that before issuing the appointment letter the contract paper in the proforma prescribed by the Director of School Education would have to be signed by the candidate and the School Authority. All the candidates selected in terms of the aforesaid guidelines have signed the ''Proforma for appointment of part-time teacher in Higher Secondary Section on contractual basis'', which contains the following terms and conditions:
1. The appointment of the part-time teacher would be purely temporary and on contractual basis for 1 (one) year with effect from the date of joining, provided his/her service in the institution is found satisfactory throughout this period of 1 (one) year on a fixed pay of Rs. 2,000/- (Rupees two thousand) only per month without any allowances. His/Her service would automatically be terminated on expiry of the period of 1 (one) year or, earlier, if his/her performance in the school is not found satisfactory and/or in violation of condition (2) below and as provided herein below.
2. The teaching load of the part-time teacher would normally be (10) ten periods per week and he/she would carry out his/her duties in the School/Madrasa as allotted to him/her.
3. During the vacation period also, the part-time teacher would get the consolidated pay as stated above.
4. He/she will not claim for an appointment on regular basis on expiry of his/her term.
5. His/Her appointment is terminable with 1 (one) month''s notice on either side and before completion of the
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