Swarna Shukla –
Published On: September 21, 2021 at 12:10 IST
The Supreme Court stayed an Order of Calcutta High Court directing the West Bengal Education Department to make payment of salaries to part-time teachers equal to basic pay in the scale of pay of a regular teacher working in Higher Secondary Section in a Non-Government Aided Higher Secondary School.
A Division Bench comprising Justice Abdul Nazeer and Justice Krishna Murari issued a notice in a Special Leave Petition filed by the State of West Bengal challenging Calcutta High Court’s Order.
The Government Order in 2010, issued by the State Education Department extended the benefit of 10 days’ casual leave and 10 days’ medical leave available to regular teachers to the part-time contractual teachers, along with a condition that they were required to take an equal number of classes per week as attended by the regular and full-time teachers.
However, the 2010 Government Order extended the benefit of 10 days casual leave and 10 days medical leave to the contractual part-time teachers subject to the condition that the part-time teachers would have to take the same number of classes per week as a regular and full-time teacher.
Aggrieved by the Government Order, a Writ Petition was filed for extending the benefit of equal pay for equal work in connection with the service of part-time teachers of Khandra High School District – Burdwan but was disposed of.
Furthermore, the Order was challenged before a Single Judge Bench which allowed the Writ Petition on the principle of equal pay for equal work.
The Single Judge held that the Writ Petitions cannot be treated as a separate and distinct class or said to be claiming benefits for a scale of duties that is outside the post and profile of the Petitioner.
The Division Bench of the Supreme Court had directed the authorities to take steps for payment of salaries and other benefits to the Petitioners equal to that of the regular scale of pay and at par with the full-time permanent teachers of the concerned school.
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