Orders Regular Pay for Teachers Appointed Through Formal Selection Process
In a landmark judgment, the Tripura High Court struck down the state government’s policy of appointing Group C and D employees on a fixed pay basis, declaring it unconstitutional. The decision came as a relief to numerous teachers appointed under this policy who were receiving only 75% of the basic pay despite being appointed to permanent positions through a formal selection process.
The division bench, comprising Chief Justice M.S. Ramachandra Rao and Justice Biswajit Palit, ruled that the fixed pay policy, as outlined in the government’s memorandums dated December 15, 2001, and October 16, 2007, violates Articles 14 and 16 of the Indian Constitution, which guarantee equality before the law and prohibit discrimination in public employment.
The court observed that the policy was arbitrary and discriminatory, as it applied only to Group C and D employees, denying them the right to equal pay for equal work. Notably, the teachers appointed through the Tripura Public Service Commission to similar posts received regular pay scales from the date of their appointment, highlighting the policy's inconsistency.
The judgment emphasized that policy decisions, even those approved by the Cabinet, are subject to judicial review if they infringe on constitutional rights. It also dismissed the state’s argument of financial constraints, noting the absence of any supporting evidence.
In directing the state to provide regular pay scales to the affected teachers, the court ordered that they receive notional benefits from their initial appointment dates, with actual financial benefits, including arrears and interest, for three years prior to their legal challenge.
This ruling underscores the judiciary's role in upholding constitutional rights and ensuring fairness in public employment policies.
Bottom Line:
Policy decisions by the State Government, including Cabinet-approved policies, are not immune from judicial review if they are arbitrary, unreasonable, or violate constitutional rights. Employees appointed to regular posts through a formal selection process are entitled to regular pay scales and benefits from the date of their appointment. Fixed pay policies denying equal pay for equal work violate Articles 14 and 16 of the Constitution.
Statutory provision(s): Articles 14, 16, 19(1)(a) of the Constitution of India; Section 23 of the Contract Act, 1872
Sri Zonunfela Rawihte v. State of Tripura, (Tripura)(DB) : Law Finder Doc Id # 2835063
