VidhiSangh

Supreme Court of India · 20/05/2022

DR. K. M. SHARMA & ORS. versus THE STATE OF CHHATTISGARH & ORS.

[2022] 4 S.C.R. 718 · 2022 INSC 1305

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Summary

Shiksha Karmis appointed in 1998 under the Chhattisgarh Municipalities Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1998 to teach in municipal schools, and confirmed after probation in 2001, claimed the pay-scale and allied benefits of teachers appointed under the Municipal Employees (Recruitment and Conditions of Service) Rules, 1968, relying on Rule 7 (regular pay-scale after probation), Rule 11 (other conditions of service as for municipal employees) and equal pay for equal work. A Single Judge and the Division Bench of the Chhattisgarh High Court rejected the claim. The Supreme Court dismissed the appeal: on confirmation a Shiksha Karmi is placed in the regular pay-scale of the Municipality as a Shiksha Karmi under Schedule I to Rule 4, not as a municipal teacher, and persons appointed under different Rules by different methods of recruitment cannot claim pay parity.

Issues

  1. Whether Shiksha Karmis appointed under the Chhattisgarh Municipalities Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1998 are entitled, on confirmation after probation under Rule 7 or by virtue of Rule 11, to the pay-scale admissible to teachers appointed under the Municipal Employees (Recruitment and Conditions of Service) Rules, 1968, including on the principle of equal pay for equal work.

Provisions considered

Held

Result

Appeal dismissed; the Chhattisgarh High Court's judgment of 01.12.2015 in Writ Appeal No. 538 of 2015 refusing Shiksha Karmis the pay-scale of municipal teachers affirmed. No order as to costs.

Judgment PDF: Supreme Court of India, [2022] 4 S.C.R. 718.