Supreme Court Asks West Bengal Part-Time Teachers To Submit Representations On Pay Parity Before School Education Department

The Apex Court was considering four contempt petitions instituted by the contempt petitioners alleging non-compliance with the directions issued by the Court vide order dated July 16, 2024, passed in SLPs preferred by the State of West Bengal. A direction was issued as per the order requiring the part-time contractual teachers to submit representations before the Secretary, School Education Department, justifying their claim, to basic pay for the period from April 2007 to December 2009 and for the period subsequent to December 24, 2013.

The Division Bench of Justice Vikram Nath and Justice Sandeep Mehta ordered, “In wake of the discussion made hereinabove, we hereby grant liberty to the petitioners to submit a fresh representation before the Secretary, School Education Department, within a period of six weeks from today, setting out their entire grievances/ claims/entitlements in terms of the order passed by the High Court.”

Senior Advocate Mahalakshmi Pavani represented the Petitioner, while Senior Advocate Kapil Sibal represented the Respondent.

Arguments

The petitioners alleged that despite specific directions issued by the Apex Court, the relief granted by the High Court had not been extended to them. It was submitted that, in terms of the order passed by the High Court, the State Government was obligated to disburse salary equivalent to the basic pay in the scale applicable to a regular teacher working in the higher secondary section of a Non Government aided higher secondary school, for the period commencing from 28th July, 2010 till 24th December, 2013, within four weeks.

The respondent-contemnors pleaded that the arrears/dues payable to the petitioners for the period from July 28, 2010, to December 24, 2013, stood duly disbursed.

Reasoning

It was brought to the notice of the Court that specific directions were issued by the Division Bench of the High Court in the order dated September 3, 2020, ordering payment of salaries equal to basic pay in the scale of pay of a regular teacher working in the Higher Secondary Section in a Non-Government Aided Higher Secondary School with effect from July 28, 2010.

The Bench took note of the submission that the petitioners were not granted an opportunity of hearing in terms of the directions issued by the High Court, as expanded by the Apex Court, nor were the records of the concerned schools called for while deciding their representations.

The Bench thus granted liberty to the petitioners to submit a fresh representation before the Secretary, School Education Department. It further ordered, “The Secretary shall afford an opportunity of hearing to the petitioners in representative capacity either in person or through a legal advisor/advocate. The corresponding records pertaining to the engagement of the petitioners shall be summoned from the respective schools prior to proceeding with the hearing and the parties shall be permitted to inspect the same.”

The Bench disposed of the petition and ordered, “The competent authority shall pass a detailed reasoned order after considering the representations and the submissions advanced on behalf of the petitioners, within a period of four months from today.”

Cause Title: Gurupada Bera v. Binod Kumar (Neutral Citation: 2026 INSC 20)

Appearance

Petitioner: Senior Advocates Mahalakshmi Pavani, Anitha Shenoy, Advocates Neeleshwar Pavani, Shaurya Mishra, Sadhana Madhavan, Kavana Rao, Drishty/Dhrishty Chaudhary, Prabisha Pradeep, AOR Anindita Mitra

Respondent: Senior Advocates Kapil Sibal, Rakesh Dwivedi, AOR Kunal Mimani, Advocates Prashant Alai, Abhinav Rana

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