Teachers Entitled to Revised Honorarium, Ending Years of Economic Coercion
In a landmark judgment, the Supreme Court of India has ruled in favor of part-time contractual instructors employed in Upper Primary Schools across Uttar Pradesh. The court has mandated a revision of their honorarium, which has remained stagnant at Rs. 7,000 per month since 2013. The judgment, delivered by Justices Pankaj Mithal and Prasanna B. Varale, establishes the entitlement of these instructors to a monthly honorarium of Rs. 17,000, effective from the academic year 2017-18, until further revision by the Project Approval Board (PAB).
The case, which has significant implications for thousands of educators, stems from a prolonged dispute over the honorarium paid to instructors employed under the Sarva Shiksha Abhiyan, now merged into the Samagra Shiksha Scheme. Despite possessing qualifications equivalent to regular teachers, these instructors were paid a fixed honorarium without any periodic revision, leading to claims of economic coercion and violation of constitutional rights.
The Supreme Court's decision underscores the importance of aligning remuneration with inflation, minimum wage laws, and constitutional principles, particularly Article 23 which prohibits forced labor. The court highlighted that the stagnation of honorarium amounts to forced economic coercion, akin to "Begar," a form of exploitation banned under the Constitution.
The judgment criticizes the arbitrary fixation of honorarium without revision, noting that policy decisions must adhere to principles of natural justice and fairness. The court has directed the State Government to pay arrears within six months and emphasized the responsibility of both the State and Central Government in sharing the financial burden under the scheme.
This ruling is expected to bring relief to instructors who have been barred from taking up other employment, effectively making them full-time teachers despite their contractual status. The judgment also calls for periodic revision of honorarium, recognizing the instructors' roles as substantive posts created automatically due to their continuous service.
Legal experts hail the decision as a victory for educational justice, marking a significant step towards equitable treatment of educators and upholding the dignity of teaching professionals who play a crucial role in nation-building.
Bottom Line:
Teachers appointed as part-time contractual instructors in Upper Primary Schools in Uttar Pradesh are entitled to periodic revision of honorarium, ensuring alignment with inflation, minimum wage laws, and constitutional principles.
Statutory provision(s): Article 23 of the Constitution of India, Right of Children to Free and Compulsory Education Act, 2009, Section 7
