Supreme Court refuses to regularise 4 lakh contractual teachers in Bihar

GURUGRAM, MAY 13: The Supreme Court has refused to regularise nearly four lakh contractual teachers in Bihar by setting aside the Patna High Court ruling, which stated that they were eligible to get equal pay for equal work. The apex court said that it does not find the efforts made by the Bihar Government as “unfair or discriminatory”.

A Bench of Justices Abhay Manohar Sapre and U U Lalit while allowing the state government plea said that the Bihar government was justified in having two different streams or cadres for teachers and there has been no violation of the rights of ‘Niyojit’ (contractual) teachers nor has there been any discrimination against them. The Bench also declined to treat contractual teachers at par with regular educators.

The SC, however, raised concern over the compensations made available to Contractual teachers at the initial stage. The Bench suggested that the state may consider raising the scales of such teachers at least to the level suggested by the three-member committee.

Earlier in October 2017, Patna High Court ruled that ‘Niyojit’ teachers in government schools were entitled to salary on a par with regular permanent teachers working in various government schools in the state.

The SC Bench observed, “If a pay structure is normally to be evolved keeping in mind factors such as ‘method of recruitment’ and ’employer’s capacity to pay’ and if the limitations or qualifications to the applicability of the doctrine of ‘equal pay for equal work’ admit inter alia the distinction on the ground of process of recruitment, the stand was taken on behalf of state government is not unreasonable or irrational.”