THAKKAR - (1.) THE alleged violation of "equal pay for equal work" doctrine is the principal grievance of the petitioners.
(2.) THE petitioners 1021 in number holding the degrees of B.A., B.Ed. and M.A., B.Ed. were appointed as Supervisors by a competent selection committee constituted by the Education Department of Haryana from time to time since 2/10/1978. They have instituted the present petition under Art. 32 of the Constitution seeking appropriate reliefs in the context of two grievances, one that the petitioners are given a deliberate break of one day after the lapse of every six months and have thus been treated as temporary Government servants notwithstanding the fact that they have been continuously working ever since the dates of their respective appointment subject to the aforesaid break of one day at intervals of six months instead of absorbing them as regular employees in regular pay scales. And secondly, though the petitioners performed their duties as Supervisors in the Education Department and do the same work as is being done by their counterparts. respondents 2 to 6 who are discharging similar duties as Supervisors in the Education Department who are absorbed as regular government servants they are paid less. The relief claimed by the petitioners is in the following terms :- (1) To declare by appropriate writ that the petitioners continue to be in the service of the respondents from the date of appointment irrespective of their being a deliberate break in service after every six months by the respondents in violation of Arts. 14 and 16 of the Constitution of India; (2) to declare by appropriate writ or direction that the petitioners are in continuous service since their respective date of appointments since the National Adult Education Programme was introduced and further issue a writ in the nature of mandamus to the respondent that the petitioners are entitled to the benefit of notification dated 15-9-1982 issued by respondent State of Haryana and accordingly the petitioners be put on similar pay scales and service conditions as that of Masters (B.A., B.Ed.) in the State of Haryana; and, (3) to issue a writ in the nature of mandamus or any appropriate writ, order or direction to respondents 2 and 4 to put the petitioners on regular pay scales along with other consequential benefits of a permanent employee from the date of initial appointment. Before dealing with the grievances made by the petitioners, it would be appropriate to portray the factual background. The Education Department of State of Haryana has constituted an Adult Education Scheme under the overall control of Joint Director, Adult and Non-formal Education Department. respondent 3 herein in the context of the National Adult Education Scheme sponsored by the Government of India (Sic) the birth anniversary of Mahatma Gandhi in 19 7/10/1978). The aim of adult education under this scheme is to provide functional literacy to the illiterates in the age group of 15-35. The State Government has also framed another Scheme for the non-formal education under the overall control of the same official. The objective of this scheme is to impart learning by special contact courses to the students in the age group of 6-15, who are dropouts from schools. The petitioners are appointed as Supervisors. There are hundreds of such Adult Education Centres and Non-formal Education Centres. One supervisor is provided for a group of 30 centres. Thus each of the petitioners is in charge of 30 centres under one scheme or the other. He is paid remuneration at the rate of Rs. 500.00 p.m. as fixed salary. Each one of them was, prior to March. 1984, also paid a sum of Rs. 60.00 as fixed travelling allowance which allowance has been increased to Rs. 150.00 per month from 7/03/1984 onwards.
(3.) THE Adult Education Centres are run under the Rural Functional Literacy Programme/Project (RFLP) of the Central Government. THE project is however administered by the respondent, the State of Haryana. According to the respondent the expenditure in respect of remuneration payable to the petitioners under RFLP is borne by the Central Government. With regard to the centres functioning under the State Adult Education Programme /Project (SAEP) to those of the petitioners who are employed under the Scheme are paid remuneration on the same pattern by the State Government as. and by way of honorarium. The functions and duties discharged by the petitioners in their capacity as Supervisors under the Adult Education Scheme as per the communication dated 8/04/1985 (Annexure R-2) addressed by respondent 3 to the District Officers and Project Officers are as under :- "The supervisors of the adult education have been given the status equivalent to masters of formal schools and their functions are also like the Block Education Officers of the formal schools. Thus the functions of the supervisors working under Adult Educational Scheme are inspection and to impart knowledge. The general duties of the supervisors will be :- to make educational survey of his own village and nearby villages under the Rural Functional Literacy Programme for starting adult education and non-formal education centres, to locate and recommend for appointment suitable instructors for these centres from these very villages, to give active co-operation in their training, to give guidance in their reading and writing material, to give proper direction to instructors in his cluster the latest techniques of adult education, to give guidance continuously in latest technique of teaching methods, inspection of centres and making arrangements for their reading, writing material, to give model lessons, to hold discussions in the Mohallas/ houses of the community cultivating friendship and personal relationship with the community. create awareness and awakening in them in the matter of literacy, functionality and awareness." ;