STATE OF WEST BENGAL Vs. MONIRUJJAMAN MULLICK

JUDGEMENT

(1.) Monirujjaman Mullick and other private respondents, in the appeal herein, were working as Instructors in various non-formal education centers in different districts in the State of West Bengal. They approached the High Court by way of a petition under Article 226 of the Constitution of India seeking a direction - based on the principle of "equal pay for equal work" that they were entitled to the same scales of pay and allowances as were admissible and being paid to the primary school teachers. A learned single Judge of the High Court allowed the writ petition. Appeal filed by the State of West Bengal was disposed of with the following directions:

(2.) We may briefly state the facts of the case. Government of India introduced a scheme in the year 1974-75 for imparting non-formal education to the children in the age group of 9/11 years who were either school drop-outs or did not go to school. The scheme provided for the opening of no-formal education centers (part-time) by the State Government with the help of Central Government grant. West Bengal Government took a policy decision on December 8, 1978 to implement the scheme. Subsequently the State Government formulated a new scheme regarding non-formal education, which became operative with effect from October 4, 1989. The non-formal centres were part-time institutions. The instructors were given a fixed honorarium of Rs. 105/- per month at the primary level and Rs. 125/- per month at the upper primary level. Persons with a motivation to serve the community particularly the weaker sections - were appointed instructors. They were required to teach the children for two hours a day. The centres were run by the Panchayat Samities in rural areas and by the Municipal Committees/Corporations in urban areas. There were no specific buildings or sites for the centers. The instructors could use any site or building belonging to a social organisation or a local authority.

(3.) The Division Bench of the High Court applied the doctrine of "equal pay for equal work" on the following reasoning"