- (1.) Monirujjaman Mullick and other private respondents, in the appeal herein, were working as Instructors in various non-formal education centers in different districts in the State of West Bengal. They approached the High Court by way of a petition under Article 226 of the Constitution of India seeking a direction - based on the principle of "equal pay for equal work" that they were entitled to the same scales of pay and allowances as were admissible and being paid to the primary school teachers. A learned single Judge of the High Court allowed the writ petition. Appeal filed by the State of West Bengal was disposed of with the following directions: "The writ petitioners who are not in regular employment elsewhere an who have the minimum qualification prescribed for the primary school teachers are entitled to the same scale of pay and allowances as admissible to the primary school teachers from the date of their initial appointment and further that they are also entitled to annual increments in the pay-scale in accordance with law; but their claims for absorption in the department as regular primary school teachers cannot be sustained and therefore stands rejected. It is made clear that the services of such non-formal teachers will be liable to stand automatically terminated as and when the non-formal education scheme is discontinued in this State. Persons similarly placed should also be given the same benefit to avoid further litigation in regard to the self-same issue." This appeal by the State of West Bengal is against the judgment of the learned single Judge and of the Division Bench of the High Court dated June 28 of 1993.
(2.) We may briefly state the facts of the case. Government of India introduced a scheme in the year 1974-75 for imparting non-formal education to the children in the age group of 9/11 years who were either school drop-outs or did not go to school. The scheme provided for the opening of no-formal education centers (part-time) by the State Government with the help of Central Government grant. West Bengal Government took a policy decision on December 8, 1978 to implement the scheme. Subsequently the State Government formulated a new scheme regarding non-formal education, which became operative with effect from October 4, 1989. The non-formal centres were part-time institutions. The instructors were given a fixed honorarium of Rs. 105/- per month at the primary level and Rs. 125/- per month at the upper primary level. Persons with a motivation to serve the community particularly the weaker sections - were appointed instructors. They were required to teach the children for two hours a day. The centres were run by the Panchayat Samities in rural areas and by the Municipal Committees/Corporations in urban areas. There were no specific buildings or sites for the centers. The instructors could use any site or building belonging to a social organisation or a local authority.
(3.) The Division Bench of the High Court applied the doctrine of "equal pay for equal work" on the following reasoning" "From the booklet published and distributed by the Primary Education Directorate regarding formal (Prathamic Siksha) and non-formal (Bidhikukta Siksha), it appears that the purpose of both the streams being to help attain human values through practical literacy in language, elementary arithmetic, awareness for maintaining personal and public health and good environment, social awarenes, scientific outlook to get rid of prejudices etc., the syllabus and the books prescribed for formal and non-formal education are almost same with the ultimate goal of equipping the boys and girls for entry into Class V in regular Higher or Junior High School. It is thus clear and we are also of considered opinion that neither stream is inferior to the other and that the duties, functions and responsibilities of the teachers of the formal and non-formal education are alike, if not heavier on the side of the non-formal stream.";