The court issued directions that payment of equal salaries be made effective from April 27, 2007, the date of the state government's order restraining any further appointment of part-time teachers on contract basis in non-government higher secondary schools
The Calcutta High Court Thursday directed the West Bengal government to give salaries and other benefits to part-time school teachers at par with their full-time permanent colleagues.
The court issued directions that payment of equal salaries be made effective from April 27, 2007, the date of the state government's order restraining any further appointment of part-time teachers on contract basis in non-government higher secondary schools. Disposing the writ petitions by Anirban Ghosh and Barun Ghosh, the court observed that the petitioners were expected to take on a workload equal to that of permanent teachers.
Justice Moushumi Bhattacharya observed that denying equal benefits to the petitioners would hence be against the principle enshrined in Article 16 of the Constitution.
"If the petitioners have been performing duties and responsibilities of the same weightage, quality and sensitivity to that of full-time permanent teachers, denying equal pay to the petitioners would amount to treating equals as unequals and such artificial parameters cannot be created between those who are equal in all respects," the court said. The petitioners moved the high court seeking equal pay for equal work and challenged an order dated December 22, 2013 passed by the secretary, School Education Department, Law Branch, the Government of West Bengal.
In the said order, the secretary rejected the prayer of the petitioners on the ground that their service cannot be regularised as permanent teacher, and that the petitioners were not entitled to the salary of permanent teachers appointed against permanent vacancy. The petitioners serve as contractual part-time teachers and were selected under guidelines framed by the state government in September 2002 at a consolidated pay of Rs 2,000 per month against the sanctioned posts for a period of one year.
The period of appointment was extended thereafter by subsequent orders.
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