The court emphasized the principle of equal pay for equal work and mandated reconsideration of petitioners' claims for regularization and pay, acknowledging their qualifications and similar duties compared to regularized counterparts.

JUDGMENT :

SUSMITA PHUKAN KHAUND, J.

Case of the petitioners.

1. The aforementioned writ petitions are taken up together and are disposed of by this common Judgment & Order. The petitioners of all the writ petitions are aggrieved by the order dated 30.11.2022 more particularly, Annexure-6 of the WP(C) No. 7/2025 (similar order annexed with the other writ petitions). It is submitted that all the petitioners were appointed on ad-hoc basis as Primary/Graduate Teachers on fixed pay against SSA vacancy sanctioned posts and are presently serving at various Government Primary/Middle/High/Higher Secondary Schools under the Directorate of School Education, Nagaland, Kohima. Initially, the petitioners were appointed for a period for six months/one year but their services were extended from time to time and they are still serving as Primary/Graduate Teachers.

2. Vide Notification dated 02.09.2022, the Department of School Education notified mainstreaming of 2290 educationally and professionally qualified teachers as per NCTE norms appointed under Sarva Siksha Abhiyan (SSA) and Rastriya Madhyamik Shiksha Abhiyan (RMSA) of 2010 & 2013 batches into the State Education Cadre. As the petitioners were appointed against SSA sanctioned posts, they submitted representations to the respondents praying for mainstreaming of their services into the State School Education cadre and also for grant of regular Scale of pay. Vide Letter No. DSE/SSA/ESTT/4-11/2022/613 dated Kohima the 30^th of November, 2022 the representation for main streaming and ‘Scale of Pay’ by the petitioners was not considered and thereby rejected. The aforementioned letter is extracted herein below verbatim :- (Page 125 Annexure-25 of WP(C) No. 45/2023)

“To, 1. Shri. Pankathung Ezung, President Nagaland Sarva Shiksha Abhiyan Adhoc Trained Teachers Association

2. Smt. Tolika 1. Zhimomi, Secretary Nagaland Sarva Shiksha Abhiyan Adhoc Trained Teachers Association Sub: Mainstreaming and Scale of Pay-regarding.

Madam/Sir,

With reference to your letter No. NIL dated 10 October 2022, I am directed to convey regret on your request for mainstreaming into the State School Education Cadre as the condition in your appointment letter states that "does not confer any right to claim regularization" and scale of pay cannot be granted as your pay and allowances is drawn against SSA fund (CSS) depending on the norms of Government of India.”

3. Aggrieved by the discriminatory treatment by the respondent authorities, the petitioners are before this Court as their counter parts SSA/RMSA Teachers were mainstreamed into the State Education Cadre.

4. The petitioners were appointed by the Directorate of School Education, Nagaland, and as per the terms and conditions of their appointments the petitioners were to undergo Pre-service Teacher Education (PSTE) course/Bachelor of Education (B.ed) training. The petitioners have successfully acquired the requisite qualification within the stipulated period of time.

5. Vide OM No. ED/EL/WKA/5/10-1 dated 27.01.2015 the fixed pay of Primary and Graduate Teachers were enhanced to Rs. 20,080/- and Rs. 27,400/- respectively, with immediate effect, but some of the Primary/Graduate Teachers were not accorded the enhanced fixed pay in terms of the OM dated 27.01.2015 (Annexure 233 of WPC 45/2023) and they approached this Court by way of writ petition. Thereafter, the Depar