New Delhi, May 21, 2025
In a significant verdict bolstering the rights of
contractual employees, the Central Administrative Tribunal (CAT), Principal
Bench, New Delhi, has directed the Municipal Corporation of Delhi (MCD) to pay
two contractual primary teachers the minimum pay scale equivalent to that of
their regular counterparts, as per the 7th Pay Commission recommendations.
The order was passed by a Division Bench comprising
Hon’ble Mr. Manish Garg, Member (Judicial), and Hon’ble Mr. Rajinder Kashyap,
Member (Administrative), in the case of Shahnaz Perveen and Tehmina Riaz,
both serving as contractual primary teachers in MCD schools since 2003.
The applicants contended that despite performing
duties identical to regular primary teachers, they were being paid
significantly less. They sought parity in remuneration from January 1, 2016,
along with arrears and other consequential benefits.
Referring to landmark judgments, including State of
Punjab vs. Jagjit Singh (2017) 1 SCC 148, the Tribunal upheld the principle
of "equal pay for equal work" and found no justification for the
disparity in pay. The Bench noted that while the South Delhi Municipal
Corporation (SDMC) had already revised the remuneration of its contractual
teachers in 2017, the same benefit had not been extended to similarly placed
teachers in other regions of MCD, which has since been unified.
The Tribunal directed the MCD to pay the applicants
the minimum of the pay scale along with applicable Dearness Allowance and other
emoluments as per the SDMC resolution dated 21.11.2017. The payment is to be
made within three months from the receipt of the order. Failure to do so will
result in interest at the General Provident Fund (GPF) rate on the arrears.
This judgment is expected to have far-reaching
implications for numerous contractual teachers employed under MCD, paving the
way for salary parity and reinforcing the constitutional mandate of equal
treatment in public employment.
https://advocateanujaggarwal.com/home.php
Anuj Aggarwal
Advocate
D-26/A, First
Floor, Jangpura Extension,
New Delhi - 110014
483, Block-2,
Lawyers Chambers,
Delhi High Court,
New Delhi-110003
Mobile –
9891403206
Landline – 011 -
35554905
Email – anujaggarwal1984@gmail.com
No comments:
Post a Comment