Shiksha Karmis In Chhattisgarh Cannot Claim Parity In Pay-Scale With That of Municipal Teachers: Supreme Court

The Supreme Court held that Shiksha Karmis in Chhattisgarh cannot claim parity in pay-scale with that of Municipal teachers on the principle of equal pay for equal work.

In this case the writ petitioners before the High Court of Chhattisgarh were appointed as Shikha Karmis under the Chhattisgarh Municipalities Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1998. Their writ petition praying for grant of equal pay-scale as admissible to teachers appointed in Municipal services, was dismissed. Challenging this judgment, they approached the Apex Court.

Before the Apex Court, the appellants contended that, they completed the probation period and thus they are entitled to the "regular pay-scale", which is being paid to the Municipality Teachers, as per the mandate of Rule 7 of the Shiksha Karmis Rules, 1998. As conditions of services of Shiksha Karmis are the same as applicable to other employees of the Municipality therefore, the Shiksha Karmis are also entitled to the same pay-scale which is admissible to the other employees of the Municipality/Municipal teachers, they contended.

The State-respondents, on the other hand contended that on completion of the probation period, their services are confirmed as Shiksha Karmis only and not as Municipal teachers. They also submitted that the Shiksha Karmis and the Municipal teachers are appointed under different Rules and there are different methods of selection and recruitment so far as the appointment of Shiksha Karmis and Municipal Teachers are concerned.

Referring to the relevant rules, the bench comprising Justices M R Shah and B V Nagarathna dismissed the appeals by observing thus:

When the Municipal teachers and the Shiksha Karmis are appointed under different Rules and there are different methods of selection and recruitment, a Shiksha Karmi cannot claim parity in pay-scale with that of Municipal teachers on the principle of equal pay for equal work. Therefore, it is observed and held that Shiksha Karmis, who are governed by the Shiksha Karmis Rules, 1998 under which they were appointed, are entitled to pay-scales under the Shiksha Karmis Rules, 1998 only, which are being paid to them.

Case details

Dr. K. M. Sharma vs State of Chhattisgarh | 2022 LiveLaw (SC) 512 | CA 3030 OF 2022 | 20 May 2022

Coram: Justices MR Shah and BV Nagarathna

Headnotes

Chhattisgarh Municipalities Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1998 ; Rule 7 - Municipal Employees (Recruitment and Conditions of Service) Rules, 1968 - A Shiksha Karmi cannot claim parity in pay-scale with that of Municipal teachers on the principle of equal pay for equal work - They are governed by the Shiksha Karmis Rules, 1998 under which they were appointed, are entitled to pay-scales under the Shiksha Karmis Rules, 1998 only,.  (Para 7)

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