In a significant legal victory for 51 teachers of the Pimpri Chinchwad Municipal Corporation (PCMC), the Supreme Court has upheld a Bombay High Court order directing the civic body to grant them the status of assistant teacher and pay salary arrears from June 2024 according to the Seventh Pay Commission scale.
Supreme Court Verdict
A bench comprising Justice Manoj Misra and Justice Manmohan dismissed the PCMC's appeal on May 29, granting the corporation time until July 31 to implement the High Court's February 27 order. The apex court observed that the petitioners could approach the High Court for contempt proceedings if the municipal corporation fails to comply with the directions.
Background of the Case
The teachers were selected for the posts of assistant teacher carrying the S-14 pay scale of Rs 38,600 to Rs 1,22,800. However, they were issued appointment letters designating them as "Shikshan Sevak" with a fixed honorarium of Rs 18,000 per month. Their selection was conducted through the state education department's Pavitra Portal, and they were recruited to teach Std IX and X students in Marathi-medium schools run by the PCMC.
The teachers approached the High Court challenging their appointments, arguing that they were selected for assistant teacher posts but were appointed as Shikshan Sevaks. The civic body contended that the teachers were required to serve as Shikshan Sevaks for three years before being appointed as assistant teachers.
High Court's Observations
The High Court referred to a communication from the divisional deputy director of education, Pune, clarifying that the Shikshan Sevak scheme was not applicable to the PCMC. The court noted that the scheme was meant only for fully aided and approved educational institutions, and teachers recruited for unaided municipal schools should be appointed directly as assistant teachers.
In its February order, the High Court strongly criticized the municipal corporation's conduct. The division bench of Justice Ravindra V Ghuge and Justice Abhay J Mantri observed, "By selecting candidates for the post of assistant teacher with an approved pay scale, publishing the general merit list indicating their position and pay band, and thereafter compelling them to accept appointment orders as Shikshan Sevaks, appears to us to be an unethical act and contrary to the advertisement."
The court also took exception to the practice of obtaining "cyclostyled undertakings" from some selected candidates before issuing appointment orders. "Compelling them to sign such an undertaking amounts to extracting an undertaking under coercion, duress and against their free will," the court observed.
Impact on Teachers
The bench noted that many teachers hailed from rural backgrounds with limited means of livelihood and said the municipal corporation was expected to function as a model employer. The court held that some teachers signed the undertakings because they were left with little choice. "Being desperate for employment and lacking bargaining power, they could not withstand the pressure of a mighty employer such as the municipal corporation," the bench observed.
PCMC's education officer, Sangita Bangar, told TOI that the civic body had recruited 108 teachers through the Pavitra Portal, of whom 51 moved the court. "We will comply with the court's order. The teachers will be designated as assistant teachers and paid the differential salary amount as directed," Bangar said. She added that Rs 18,000 was being paid to the teachers every month, and the arrears would be calculated and paid accordingly.
