AMRA RAM Vs. STATE OF RAJASTHAN
LAWS(RAJ)-1993-7-20
HIGH COURT OF RAJASTHAN
Decided on July 29,1993

AMRA RAM Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the parties for final disposal of the writ petition.
(2.) THE petitioners are untrained teachers. THEy were appointed on the post of Gr. III on a Temporary basis at a fixed salary of Rs. 400/- per month as would be evident from Schedule 'a' 9th writ petition. THE services of the petitioners were terminated by order mentioned in Schedule 'a'. THEy have challenged the termination of their services by filing this writ petition and have inter alia claimed that as per the principle of equal pay for equal work, they should have been paid the minimum salary of the pay scale of Teacher Gr. HI along with admissible allowances. Now, the learned counsel for the petitioners does not press prayer regarding regularisation of their they confined their prayer to grant of minimum salary of pay scale of teacher Gr. III along with admissible allowances, for the period the petitioners remained in service along with interest at the rate of 18 per annum. Shri Lalit Kuwaria, learned counsel for the respondents opposes this request. In my opinion, the petitioners cannot claim regularisation since none of them is trained teacher. Learned counsel for the petitioners is right when he abandons the relief regarding regularisation. So far as question of grant of minimum pay of pay scale of teacher Gr. III with admissible allowances is concerned, the petitioners stand on a surer footing. Respondent No. 2 is an instrumentality of the State, while respondent No. 1 is the State of Raj. itself. The State as also its instrumentalities are expected to behave as model employers. Exploitation of teachers by paying an amount of Rs. 400/- per month cannot be understood, when we proclaim ourselves to be a social democracy. The principle of equal pay for equal work is ingrained in the basic philosophy of our Constitution and the petitioners are entitled to grant of the minimum of the pay scale of Teacher Gr. III along with admissible allowances for the period they remained under the employment of the respondents with interest at the rate of 12% per annum. All the arrears should be paid to the petitioners with interest at the aforesaid rate within a period of three months from today, failing which the respondents shall be liable to pay interest at the rate of 24% per annum. In the circumstances of the case the parties shall bear their own costs. .;


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