The denial of arrears of Dearness Allowance to contractual teachers performing equal duties as regular teachers violates Articles 14 and 16 of the Constitution, asserting the principle of equal pay for equal work.

JUDGMENT :

ROBIN PHUKAN, J.

Heard Mr. S. Borthakur, learned counsel for the petitioners. Also heard Mr. N.J. Khataniar, learned Standing Counsel for the Elementary Education Department, being respondent Nos.1 - 3, Mr. S. Bora, learned standing counsel, SSA, appearing for the respondent No.4 and Mr. A. Chaliha, learned Standing Counsel for Finance department, being respondent No. 5.

2. In this petition, under Article 226 of the Constitution of India, the petitioners have challenged the order, dated 01-09- 2022, issued under Memo No.PMA.52/2020/Pt./30-A by the Secretary to the Govt. of Assam, Elementary Education Department and/or any other consequential order(s)/ action(s) and/ or to issue direction to the respondent authority to release the arrear 5% Dearness Allowance/ Dearness Relief from July, 2019 to December, 2021 and 11% & 3% Dearness Allowance/Dearness Relief from July, 2021 to August, 2022 payable to the members of the petitioner Association who have been working as Assistant Teacher in different Lower Primary/Upper Primary schools in the State of Assam.

Background Facts:-

3. The background facts, leading to filing of the present petition, is briefly stated as under:-

“The members of the Petitioner Association, are all TET qualified Teachers appointed in different LP/UP Schools in the state of Assam since 2012, onwards under SSA. They were initially appointed on fixed pay and since April, 2013 they have been receiving their salary at par with the pay structure of regular teacher. They have been granted the benefit of the 7th Pay Commission w.e.f. 01-04-2017. Thereafter, the Government, Vide notification dated 1-7-2020, has provided some additional service benefits to the contractual teachers, who were engaged during 2012-2017 and joined on or before 01-01-2018.

Thereafter, the Govt. has decided to pay 5% DA/DR to the teachers w.e.f. July, 2019, 11% D.A w.e.f. 01/07/2021, 3% w.e.f. 01/07/2021 and 3% w.e.f. 01/01/2022 and issued different OM/Notifications. The Government also paid to the regular teachers the arrear amount accrued on such enhanced D.A. But, the Government, instead of paying the arrear of the said DA/DR, had passed the impugned order, dated 01-09- 2022, issued under Memo No.PMA.52/2020/Pt./30-A, and thereby depriving of the members of the petitioner Association from getting the arrear DA/DR. Being aggrieved, the petitioners have preferred the present application for equitable relief.”

4. The respondent No.1 has filed its affidavit in opposition, wherein, it had taken a stand that the said claim of the petitioner association is wholly misconceived, untenable and devoid of legal foundation. Being contractual employees engaged under a specific scheme, the petitioners cannot claim parity with regular Government employees, whose service conditions are governed by statutory rules. It is also stated that the entitlement of the petitioners to D.A. and other allowances is strictly regulated by the terms of their contractual engagement and by specific orders or notifications, issued by the competent administrative department, from time to time and as such they have no vested right or enforceable claim to seek D.A. benefits from the dates applicable to regular employees of the State Government. It is also stated that the Government in the Department of School Education, after due consideration of all relevant facts including the financial and resource position of the State, had taken a conscious decision to extend the benefit of enhanced Dearness Allowance to contractual teachers and staff under SSA, Assam only prospectively.

Accordingly, vide Notification No. PMA.52/2020/170, dat