NDLI: State of Bihar & Ors. Vs. The Bihar Secondary Teachers Struggle Committee, Munger & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Pay parity/’Equal pay for equal work Bihar Panchayat Elementary Teachers Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 Referred Case 19 Referred Case 20 Referred Case 21 Referred Case 22 Referred Case 23 Referred Case 24 Referred Case 25 Referred Case 26 Referred Case 27 Referred Case 28 Referred Case 29 Referred Case 30 Referred Case 31 Referred Case 32 Referred Case 33 Referred Case 34 Referred Case 35 Referred Case 36 Referred Case 37 Referred Case 38 Referred Case 39 Referred Case 40 Referred Case 41 Referred Case 42 Referred Case 43 Referred Case 44 Referred Case 45 Referred Case 46 Referred Case 47 Referred Case 48 Referred Case 49 Referred Case 50 Referred Case 51 Referred Case 52 Referred Case 53 Referred Case 54 Referred Case 55
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law: Pay parity/’Equal pay for equal work’ – Sought by Niyojit Teachers[appointed under Bihar Panchayat Elementary Teachers (Employment and Service Conditions) Rules, 2006] – With the cadre of Government teachers – Permissibility – Held: The cadre of Government teachers with which parity is sought was a dying/ vanishing cadre – The mode of recruitment of Niyojit teachers was completely different from that of the Government teachers – A pay structure is normally evolved keeping in mind factors such as ‘method of recruitment’ and ‘employer’s capacity to pay’ – The distinction in process of recruitment is one of the limitations/ qualifications to the applicability of the doctrine of ‘equal pay for equal work’ – The advances made by State on the front of spreading education to the remotest corner of the State was possible only by rational use of resources of the State – Best utilisation of resources and which factors are to be emphasized more, are policy matters – The attempt of the State in making over the process of selection to Panchayati Raj Institutions and letting the cadre of State teachers to be dying or vanishing cadre were part of the mechanism for achieving object of spreading education and were part of integrated policy – Judicial intervention in such matters can create tremendous imbalance and cause great strain on budgetary resources – Thus, there has been no violation of the rights of Niyojit Teachers nor has there been any discrimination against them – Constitution of India – Art.21 – Right of Children to Free and Compulsory Education Act, 2009.
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2019 INSC 680
Petitioner	State Of Bihar & Ors.
Respondent	The Bihar Secondary Teachers Struggle Committee, Munger & Ors.
SCR	[2019] 7 S.C.R. 738
Judgement Date	2019-05-10
Case Number	4862

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
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State of Bihar & Ors. Vs. The Bihar Secondary Teachers Struggle Committee, Munger & Ors.

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