The principle of equal pay for equal work and the obligation of the State Govt. to provide equal remuneration for equal work.

JUDGMENT :

T. Nandakumar Singh, J.

1. In this writ petition filed by the 22 (twenty two) Science teachers of the Ad hoc Aided Schools praying for a direction to the respondents to grant the revised pay scale of Rs. 14,100-27,510/- pm with all allowances etc. to the petitioners at par with that of the Assistant teachers of deficit system schools w.e.f. 01.01.2007.

2. The concise fact leading to the filing of the present writ petition is recapitulated.

The petitioners were initially appointed as Science teachers in the different Ad hoc Aided schools in the Garo Hills in the State of Meghalaya. The names of their respective Ad hoc Aided schools and date of joining are shown against their names in the tabulation hereunder:-

3. It is the further case of the petitioners that the petitioners are working as Science teachers in the Ad hoc Aided High Schools affiliated by the Govt. of Meghalaya and these Ad hoc Aided High schools have been getting Grant-in-Aid. Initially, the petitioners who were appointed during 1989-1990, were paid basic pay of Rs. 525/- pm plus DA plus annual increment from the relevant date of their joining as admissible under the rules by the Govt. of Meghalaya, which was at par with that of the Assistant teachers of deficit system schools of Meghalaya. The pay components of the petitioners up to 29.02.1992 are consists of Basic + DA + Annual Increment. After 1991, on the recommendation of Meghalaya Pay Commission, their basic pay was enhanced to Rs. 1700/- pm plus DA as admissible w.e.f. 01.03.1992 with annual increment @ Rs. 50/-and this type of pay structure was continued up to 28.02.2001 and subsequently, the annual increment had been stopped w.e.f. 2000. Pursuant to the recommendations of the Meghalaya Pay Commission, the basic pay of the petitioners were raised to Rs. 5100/-pm plus DA as admissible w.e.f. 01.03.2001 but no increment thereafter and that pay structure was continued up to February, 2006. But suddenly, w.e.f. 01.01.2011, the pay scale of the petitioners was reduced to fix pay of Rs. 9000/- pm only.

4. It is the further case of the petitioners in the writ petition that since the petitioners are also performing the same functions and duties of Science teacher of the Govt. schools/deficit system schools, they are also entitled to enjoy their pay scale at parity with the pay scale of the Science teachers of the Govt. schools/deficit system schools. Mr. M Chanda, learned counsel for the petitioner strenuously contended that the educational qualifications of the present writ petitioners are equivalent with the educational qualifications of the Science teachers of the Govt. schools/deficit system schools. The Govt. of Meghalaya, Directorate of School Education & Literacy issued an order dated 23.02.2011, that in the budget for 2010-2011 for enhancement of renewal grant to Science teacher in 123 (one hundred twenty three) Ad hoc Aided Secondary Schools of West Garo Hills at a lump sum of Rs. 9000/- pm per teacher per school w.e.f. 01.01.2011 for a period of two months w.e.f. 01.01.2011 to 28.02.2011 as per list enclosed therein had been granted. For easy reference, the said order dated 23.02.2011 (Annexure-VI to the writ petition) is quoted hereunder:-

Directorate of School Education & Literacy,

Government of Meghalaya, Shillong.

Subject:-Enhancement of Renewal of fund for maintenance recurring grant-in-aid to Science teachers in existing Adhoc-Aided/Permitted Secondary Schools during 2010-2011.

ORDER

Ref:-Letter No. EDN 228/2006/103 dated 23rd Feb 2011.

Sanction to an expenditure of Rs. 22,32,000/- (Rupees Twenty two lakhs thirty two thousand) only is hereby accorded and fund placed at the disposal of the Inspector of Schools, West Garo Hills, Tura under the Head of Account "2202-General Education 02 Secondary Education 110-Assistance to Non-Govt. Secondary Schools (09) Improvement facilities for reaching of Science in High Schools 31 grant-in-aid Plan General.

In the budget for 2010-2011 for enhancement of renewal