SC upholds HC relief for 51 PCMC teachers in appointment dispute, 3 months after court called civic body’s action ‘unethical’

Pune: Pimpri Chinchwad Municipal Corporation’s 51 teachers won a major legal battle after the Supreme Court upheld a Bombay high court order, directing the civic body to grant them the status of assistant teacher and pay salary arrears from June 2024 as per the Seventh Pay Commission scale.

A bench of Justice Manoj Misra and Justice Manmohan, while dismissing the Pimpri Chinchwad Municipal Corporation (PCMC)’s appeal on May 29, granted the civic body time till July 31 to implement the high court (HC)’s Feb 27 order. The apex court observed that the petitioners would be free to move the HC for contempt proceedings if the municipal corporation failed to comply with the directions.

The teachers, selected for the posts of assistant teacher carrying the S-14 pay scale of Rs 38,600-1,22,800, were issued appointment letters of “Shikshan Sevak” with a fixed honorarium of Rs 18,000 per month. Their selection was made through the state education department’s Pavitra Portal and were recruited to teach Std IX and X students in Marathi-medium schools run by the PCMC.

The teachers approached the HC challenging the appointments, arguing that they were selected for the assistant teacher’s posts but were appointed as Shikshan Sevaks, as mentioned in their appointment letters. The civic body contended that the teachers were required to serve as Shikshan Sevaks for three years before being appointed as assistant teachers.

The HC referred to a communication from the divisional deputy director of education, Pune, clarifying that the Shikshan Sevak scheme was not applicable to the PCMC. The court noted that the scheme was meant only for fully aided and approved educational institutions, and that teachers recruited for unaided municipal schools were required to be appointed directly as assistant teachers.

The PCMC’s education officer, Sangita Bangar, told TOI that the civic body had recruited 108 teachers through Pavitra Portal. Of them, 51 moved the court.

“We will comply with the court’s order. The teachers will be designated as assistant teachers and paid the differential salary amount as directed,” Bnagar said.

She said Rs18,000 was being paid to the teachers every month. The arrears would be calculated and paid accordingly, she added.

In its Feb order, the HC had strongly criticised the municipal corporation’s conduct. “By selecting candidates for the post of assistant teacher with an approved pay scale, publishing the general merit list indicating their position and pay band, and thereafter compelling them to accept appointment orders as Shikshan Sevaks, appears to us to be an unethical act and contrary to the advertisement,” observed the division bench of Justice Ravindra V Ghuge and Justice Abhay J Mantri J.

The HC also took exception to the practice of obtaining “cyclostyled undertakings” from some of the selected candidates before issuing appointment orders. “Compelling them to sign such an undertaking amounts to extracting an undertaking under coercion, duress and against their free will,” the court observed.

The bench noted that many teachers hailed from rural backgrounds with limited means of livelihood and said the municipal corporation was expected to function as a model employer. The court held that some of the teachers had signed the undertakings because they were left with little choice. “Being desperate for employment and lacking bargaining power, they could not withstand the pressure of a mighty employer such as the municipal corporation,” the bench observed.