IMPORTANT POINT
Long service on a contractual basis does not confer a right to regularization or equal pay as per established legal principles.

JUDGMENT :

Rajesh Shankar, J.

The present writ petition has been filed for issuance of direction upon the concerned respondents to regularize the services of the petitioner nos. 1 to 4 on the post of Accountant-cum-Computer Operator, the petitioner no. 5 on the post of Cook and the petitioner no. 6 on the post of Science Teacher as they have been working for more than 10 years on the said posts on fixed remuneration in Kasturba Gandhi Residential Girls School situated in different Blocks of Sahebganj district.

2. Learned counsel for the petitioners submits that in the light of instruction issued by the respondent no. 3 vide letter no. 320 dated 09.05.2008, an advertisement was issued on 12.07.2008 under the joint signature of Deputy Commissioner-cum-Chairman, Jharkhand Education Project, Sahebganj and District Programme Officer, Jharkhand Education Project, Sahebganj whereby applications were invited for appointment on different posts including the posts of Science Teacher, Accountant-cum-Computer Operator and Cook in Kasturba Gandhi Residential Girls School situated in three different Blocks of the district-Sahebganj on contract basis under the scheme “Sarva Shiksha Abhiyan”. Pursuant to the said advertisement, the petitioner nos. 1 to 4 applied for the post of Accountant-cum-Computer Operator, petitioner no. 5 applied for the post of Cook and the petitioner no. 6 applied for the post of Science Teacher. All the petitioners were finally selected on their respective posts and accordingly were appointed on fixed remuneration. The services of the petitioners were also extended from time to time by the respondent authorities.

3. It is further submitted that since the petitioners have been working on their respective posts for more than 10 years, they made representations before the respondent authorities for regularization of their services, however no action was taken on the same.

4. It is also submitted that the petitioners have been working against the vacant posts on fixed remuneration for more than 10 years and all of them possess minimum qualification required for appointment on the posts in question. Thus, they deserve to be regularized in view of the ratio laid down by the Hon’ble Supreme Court in the case of Narendra Kumar Tiwari & Others Vs. The State of Jharkhand & Others reported in (2018) 8 SCC 238.

5. Learned counsel for the petitioners further submits that since the petitioners have been discharging similar duties as being performed by the regular appointees working on similar posts, they are also entitled to receive same salary on the principle of ‘equal pay for equal work’.

6. On the contrary, learned counsel appearing on behalf of the respondent- Jharkhand Education Project Council (JEPC) submits that admittedly the petitioners were engaged on their respective posts on contractual basis as per the guidelines of the scheme-“Sarva Shiksha Abhiyan” issued by the respondent-JEPC. The petitioners are being paid consolidated emoluments/honorarium and their contractual engagement can be terminated any time after giving one-month prior notice or on closer of the scheme.

7. It is further submitted that JEPC is a need-based society and its existence and programme are dependent upon the funds being made available by the Central Government as well as the State Government. In the said programme, the share of the Central Government is 60% whereas the share of the State Government is 40%. JEPC itself is temporary in nature and therefore it cannot engage any of its employees on permanent basis. In fact, their engagement will continue till the scheme of ‘Kasturba Gandhi Residential Girls School’ continues.

8. It is also submitted that the petitioners have not been appointed, rather they have been engaged on contractual basis under the said scheme. They have also not been working on daily wage basis against sanctioned and vacant posts, rather, are engaged under a scheme namely “Sarva Siksha Abhiyan”. The petitioners have been engaged unde