The Supreme Court has directed the State of Gujarat to pay contractual Assistant Professors the minimum pay scale admissible to regularly appointed Assistant Professors. The Court observed that failing to provide dignified treatment and respectable emoluments to educators diminishes the value a country places on knowledge and undermines the motivation of those shaping its intellectual capital

The Supreme Court was hearing a batch of civil appeals filed by contractual Assistant Professors working in government engineering and polytechnic colleges in Gujarat. The question put before the Bench was whether these contractual appointees, performing duties identical to those of regular and ad hoc Assistant Professors, were entitled to parity in pay.

The Bench comprising Justice Pamidighantam Sri Narasimha and Justice Joymalya Bagchi, while adjudicating the matter, remarked:

“While applying the principles of equal pay for equal work and confirming the directions of the Division Bench to pay a minimum of the pay scale of Assistant Professors to the respondents, we have dismissed the State’s appeals. Applying the same principles, we have allowed the Civil Appeals filed by similarly placed contractually appointed Assistant Professors and directed that they shall be paid minimum of the scale payable to Assistant Professors."

Furthermore, expressing serious concerns over the way teachers in this country are treated, the bench stressed that "It is just not enough to keep reciting ‘gurubramha gururvishnu gurdevo maheshwarah’ at public functions. If we believe in this declaration, it must be reflected in the way the nation treats its teachers.”

Advocate Alakh Alok Srivastava appeared for the petitioners, while Advocate Swati Ghildiyal represented the respondents.

Background

In 2008, the State of Gujarat resolved to fill long-vacant teaching positions in government engineering and polytechnic colleges through ad hoc and contractual appointments. Advertisements were issued, and candidates selected through a merit-based process were appointed as contractual Assistant Professors with fixed monthly salaries.

However, these appointees performed the same duties as regular and ad hoc Assistant Professors, who received significantly higher salaries and benefits. Several writ petitions were filed before the Gujarat High Court, seeking pay parity.

A single Judge bench of the Gujarat High Court allowed the petitions, directing that contractual Assistant Professors must be paid at least the minimum of the pay scale, restricting arrears retrospectively. The Division Bench upheld these findings, and the Supreme Court later dismissed the State’s Special Leave Petitions, affirming the relief granted.

Later, a separate batch of contractual Assistant Professors filed writ petitions in 2018 seeking full parity with regular employees, including annual increments and additional benefits. While the single Judge granted them wider relief, the Gujarat High Court’s Division Bench this time around reversed this decision, dismissing the writ petitions. The matter ultimately reached the Supreme Court through these civil appeals.

Court’s observations

The Bench reiterated that contractual Assistant Professors were recruited through a transparent selection process and possessed the same qualifications as regular appointees. The Court also highlighted that they performed identical duties, stating:

“There cannot be any dispute about writ applicants possessing the requisite qualifications as per the statutory recruitment rules prevalent at the relevant time. They are discharging the same responsibilities, teaching the same students, in the same Government Engineering Colleges and Polytechnics. There is no functional difference pointed out by the State in their work. Hence, in our opinion, no discriminatory treatment ought to have been given by the State vis-à-vis ad hoc lecturers appointed prior to them. The principle of ‘equal pay for equal work’ will be applicable in such circumstances.”

The Bench further expressed concern over the prolonged disparity, noting that out of 2,720 sanctioned posts, only 923 had been filled regularly, while 902 were occupied by contractual appointees working at substantially lower salaries for nearly two decades.

The Supreme Court also reflected on the larger issue of how society treats teachers and academicians, observing that their contribution extends far beyond classroom teaching. The Bench remarked:

“Academicians, lecturers and professors are the intellectual backbone of any nation, as they dedicate their lives to shaping the minds and character of future generations. Their work goes far beyond delivering lessons — it involves mentoring, guiding research, nurturing critical thinking, and instilling values that contribute to the progress of society.”

Allowing the appeals filed by the contractual Assistant Professors, the Bench remarked that "by ensuring fair remuneration and dignified treatment, we affirm the importance of their role and reinforce the nation’s commitment to quality education, innovation, and a brighter future for its youth".

Conclusion

The Supreme Court set aside the Gujarat High Court’s Division Bench Order and directed that all contractually appointed Assistant Professors be paid the minimum pay scale applicable to regularly appointed Assistant Professors.

The Court further ordered that arrears with 8% interest be paid from three years prior to the filing of the writ petitions.

Accordingly, the appeals filed by the state of Gujarat were dismissed, while the appeals filed by the appointed contractual lecturers were allowed.

Cause Title: Shah Samir Bharatbhai & Ors. v. The State of Gujarat & Ors. (Neutral Citation: 2025 INSC 1026)

Appearances

For Petitioners: Advocate Alakh Alok Srivastava

For Respondents: Advocate Swati Ghidliyal

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