Friday, 10 May 2019

Setback to 4 lakh contractual teachers in Bihar as SC refuses to regularise them : government employees latest important news supreme court latest news

Setback to 4 lakh contractual teachers in Bihar as SC refuses to regularise them : government employees latest important news supreme court latest news

About Fix Pay News By GSTV Gujarati

Nearly three and a half lakh employees in Bihar were shocked by the Supreme Court's decision. The Supreme Court has given great relief to the Bihar government. On Friday, teachers refused to pay equal pay for similar work. With this, the Supreme Court withdrew the Patna High Court's decision. With the Supreme Court's decision, 3.5 lakh employees in Bihar have been caught in a big shock.


It was as if millions of teachers were looking at Delhi's judgment. Many leaders of Bihar's proficient teachers are camping in Delhi. It is to be mentioned that in the larger decision with the teachers, the bench of Justice Abhaya Manohar Sapre and Justice Uday Umit Lalit had last heard the last hearing on October 3. After which the decision was kept safe.


In a setback to nearly four lakh contractual teachers in Bihar, the Supreme Court Friday refused to regularise their services and set aside the Patna High Court ruling that they were eligible to get equal pay for equal work.


A bench of Justices Abhay Manohar Sapre and U U Lalit allowed the plea of the Bihar government challenging the October 31, 2017 high court order and declined to treat contractual teachers at par with regular educators.


The top court said the Bihar government was justified in having two different streams or cadres for teachers and there has been no violation of the rights of 'Niyojit' (contractual) teachers nor has there been any discrimination against them.


It, however, raised concern over the emoluments made available to Niyojit teachers at the initial stage and suggested that the state may consider raising the scales of such teachers at least to the level suggested by the three-member committee.


"If a pay structure is normally to be evolved keeping in mind factors such as 'method of recruitment' and 'employer's capacity to pay' and if the limitations or qualifications to the applicability of the doctrine of 'equal pay for equal work' admit inter alia the distinction on the ground of process of recruitment, the stand taken on behalf of state government is not unreasonable or irrational," the bench said.


"The advances made by the state on these fronts are quite evident. All this was possible through rational use of resources. How best to use or utilise the resources and what emphasis be given to which factors are all policy matters and in our considered view the state had not faltered on any count.


"The attempt in making over the process of selection to Panchayati Raj Institutions and letting the cadre of state teachers to be a dying or vanishing cadre were part of the same mechanics of achieving the spread of education. These issues were all part of an integrated policy and if by process of judicial intervention any directions are issued to make available same salaries and emoluments to 'Niyojit' teachers, it could create tremendous imbalance and cause great strain on budgetary resources," the bench said.

It said the budgetary constraints or financial implications can never be a ground if there is violation of fundamental rights of a citizen.

"Similarly, while construing the provisions of the RTE Act and the rules framed thereunder, that interpretation ought to be accepted which would make the right available under Article 21A a reality. As the text of the Article shows the provision is essentially child-centric.


About Fix Pay News By GSTV Gujarati
Nearly three and a half lakh employees in Bihar were shocked by the Supreme Court's decision. The Supreme Court has given great relief to the Bihar government. On Friday, teachers refused to pay equal pay for similar work. With this, the Supreme Court withdrew the Patna High Court's decision. With the Supreme Court's decision, 3.5 lakh employees in Bihar have been caught in a big shock.


It was as if millions of teachers were looking at Delhi's judgment. Many leaders of Bihar's proficient teachers are camping in Delhi. It is to be mentioned that in the larger decision with the teachers, the bench of Justice Abhaya Manohar Sapre and Justice Uday Umit Lalit had last heard the last hearing on October 3. After which the decision was kept safe.

Setback to 4 lakh contractual teachers in Bihar as SC refuses to regularise them : government employees latest important news supreme court latest news

About Fix Pay News By GSTV Gujarati

click here to view click here download news

Setback to 4 lakh contractual teachers in Bihar as SC refuses to regularise them : government employees latest important news supreme court latest news Rating: 4.5 Diposkan Oleh: Raghu Thakor

0 comments:

Post a Comment

Popular Posts