# U.P. Junior High School Council Instructor Welfare Association v. State of Uttar Pradesh & Ors

- **Citation:** 2026 INSC 117
- **Court:** Supreme Court of India
- **Decided:** 2026-02-04
- **Case number:** Civil Appeal No. 758 of 2026
- **Bench:** Pankaj Mithal, Prasanna B. Varale
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/u-p-junior-high-school-council-instructor-welfare-association-v-state-of-uttar-39234
- **Pages:** 29

## Headnote

Whether part time contractual instructors/teachers appointed in
Upper Primary School in the State of U.P. are entitled to revision
of their honorarium of Rs.7,000/- per month which was fixed for
a contract period of eleven months in the year 2013 or would
continue to receive the same fixed honorarium for years together
or for all times to come without any increment.
Headnotes†
Right of Children to Free and Compulsory Education Act,
2009 - Samagra Shiksha Scheme (subsumed the earlier Sarva
Shiksha Abhiyan) - Constitution of India - Article 23 - Part
time contractual instructors/teachers were appointed in Upper
Primary School in the respondent-State under the scheme on a
fixed honorarium of Rs.7,000/- per month for a contract period
of eleven months in the year 2013 - They were continued even
after the expiry of the aforesaid contractual period on renewed
basis, year after year, but their honorarium remained fixed at
Rs.7,000/- per month despite recommendations being made
by appropriate authorities for its enhancement - Writ petitions
filed by the instructors/teachers - Single Judge directed for
the payment of Rs.17,000/- per month w.e.f March 2017 -
However, Division Bench directed the State Government to
pay honorarium of Rs.17,000/- per month for the year 20172018 only - Interference with:
Held: Appointment of the part time or contractual instructors/
teachers no longer remained contractual in nature once the
contract period of eleven months for which they were initially
* Author
324
[2026] 2 S.C.R.
Supreme Court Reports
appointed or the extended contract period stood expired - They
were not even part time instructors/teachers as they were
specifically prohibited for taking any job or part time employment
elsewhere during their spare time - In fact, these instructors/
teachers having continued continuously for over ten years in a
row are deemed to be employed permanently against deemed
substantive posts, as with the passage of time and keeping in mind
the continuity of the work, such posts stand automatically created -
The honorarium payable to these instructors/teachers cannot
remain stagnant and the same is revisable periodically at least
once in three years - Any action of the State/Union Government
to employ instructors/teachers on a fixed honorarium of Rs.7,000/-
per month as was initially fixed in 2013-14 amounts to 'Begar'
and unfair practice violative of Article 23 of the Constitution -
Part time contractual instructors/teachers appointed in the Upper
Primary School in the State of U.P. are entitled to revision of their
honorarium of Rs.7,000/- per month which was initially fixed for
the contract period of eleven months in the year 2013 - Said
revision has to take place, if not annually then periodically as per
the discretion of the Project Approval Board (PAB) - Since the
PAB for the year 2017-18 had determined the said honorarium
to be Rs.17,000/- per month, all instructors/teachers appointed
under the scheme are entitled for the payment of the same at
the rate of Rs.17,000/- per month with effect from 2017-18 till
further revision takes place - State Government shall start paying
honorarium to them at the rate of Rs.17,000/- per month w.e.f.
01.04.2026, arrears thereof shall be paid within six months from
today - State Government may recover the contribution of the
Central Government from the Union of India - Right of Children
to Free and Compulsory Education Rules, 2010 - r.20. [Paras
70 (i)-(iii), (vii), 72]
Constitution of India - Article 23 - State's action of withdrawing
a legitimately enhanced wage and then allowing honorarium
to remain artificially depressed inconsistent with the spirit
of Article 23:
Held: The State's actions created a condition of economic coercion
that is inconsistent with the constitutional safeguards against forced
labour - Its action of withdrawing a legitimately enhanced wage
and then allowing honorarium to remain artificially depressed
[2026] 2 S.C.R.
325
U.P. Junior High School Co

## Text

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[2026] 2 S.C.R. 323 : 2026 INSC 117
U.P. Junior High School Council Instructor
Welfare Association
v.
State of Uttar Pradesh & Ors.
(Civil Appeal No. 758 of 2026)
04 February 2026
[Pankaj Mithal* and Prasanna B. Varale, JJ.]
Issue for Consideration
Whether part time contractual instructors/teachers appointed in
Upper Primary School in the State of U.P. are entitled to revision
of their honorarium of Rs.7,000/- per month which was fixed for
a contract period of eleven months in the year 2013 or would
continue to receive the same fixed honorarium for years together
or for all times to come without any increment.
Headnotes†
Right of Children to Free and Compulsory Education Act,
2009 - Samagra Shiksha Scheme (subsumed the earlier Sarva
Shiksha Abhiyan) - Constitution of India - Article 23 - Part
time contractual instructors/teachers were appointed in Upper
Primary School in the respondent-State under the scheme on a
fixed honorarium of Rs.7,000/- per month for a contract period
of eleven months in the year 2013 - They were continued even
after the expiry of the aforesaid contractual period on renewed
basis, year after year, but their honorarium remained fixed at
Rs.7,000/- per month despite recommendations being made
by appropriate authorities for its enhancement - Writ petitions
filed by the instructors/teachers - Single Judge directed for
the payment of Rs.17,000/- per month w.e.f March 2017 -
However, Division Bench directed the State Government to
pay honorarium of Rs.17,000/- per month for the year 20172018 only - Interference with:
Held: Appointment of the part time or contractual instructors/
teachers no longer remained contractual in nature once the
contract period of eleven months for which they were initially
* Author
324
[2026] 2 S.C.R.
Supreme Court Reports
appointed or the extended contract period stood expired - They
were not even part time instructors/teachers as they were
specifically prohibited for taking any job or part time employment
elsewhere during their spare time - In fact, these instructors/
teachers having continued continuously for over ten years in a
row are deemed to be employed permanently against deemed
substantive posts, as with the passage of time and keeping in mind
the continuity of the work, such posts stand automatically created -
The honorarium payable to these instructors/teachers cannot
remain stagnant and the same is revisable periodically at least
once in three years - Any action of the State/Union Government
to employ instructors/teachers on a fixed honorarium of Rs.7,000/-
per month as was initially fixed in 2013-14 amounts to 'Begar'
and unfair practice violative of Article 23 of the Constitution -
Part time contractual instructors/teachers appointed in the Upper
Primary School in the State of U.P. are entitled to revision of their
honorarium of Rs.7,000/- per month which was initially fixed for
the contract period of eleven months in the year 2013 - Said
revision has to take place, if not annually then periodically as per
the discretion of the Project Approval Board (PAB) - Since the
PAB for the year 2017-18 had determined the said honorarium
to be Rs.17,000/- per month, all instructors/teachers appointed
under the scheme are entitled for the payment of the same at
the rate of Rs.17,000/- per month with effect from 2017-18 till
further revision takes place - State Government shall start paying
honorarium to them at the rate of Rs.17,000/- per month w.e.f.
01.04.2026, arrears thereof shall be paid within six months from
today - State Government may recover the contribution of the
Central Government from the Union of India - Right of Children
to Free and Compulsory Education Rules, 2010 - r.20. [Paras
70 (i)-(iii), (vii), 72]
Constitution of India - Article 23 - State's action of withdrawing
a legitimately enhanced wage and then allowing honorarium
to remain artificially depressed inconsistent with the spirit
of Article 23:
Held: The State's actions created a condition of economic coercion
that is inconsistent with the constitutional safeguards against forced
labour - Its action of withdrawing a legitimately enhanced wage
and then allowing honorarium to remain artificially depressed
[2026] 2 S.C.R.
325
U.P. Junior High School Council Instructor Welfare Association v.
State of Uttar Pradesh & Ors.
would, in substance, be inconsistent with the spirit of Article 23 of
the Constitution which prohibits all forms of forced labour - The
State, under the guise of contractual management or financial
constraint, cannot compel labours/teachers to such coercive
circumstances - The honorarium fixed for these instructors/teachers
under the contract cannot remain stagnant and is revisable suitably
on periodical basis and that if once revised and increased cannot
be reduced for subsequent periods. [Paras 56, 57]
Right of Children to Free and Compulsory Education Act,
2009 - s.7(5) - Plea of the respondent-State was that under
the scheme, the financial burden with regard to payment of
honorarium to the instructors/teachers has to be shared by
the Central Government and the State Government in the ratio
of 60:40 respectively - Therefore, once the State has fulfilled
its obligation to contribute 40 per cent of the finances, it was
upon the Central Government to contribute the remaining
60 per cent and if the Central Government fails to fulfil its
obligation, the court could not have directed the State to
bear that burden thus, the High Court misconstrued various
provisions of s.7:
Held: Though, s.7 provides for sharing of financial responsibilities
between the State/Union Territories and the Central Government
and casts a liability upon both the Governments to share the financial
burden in such percentage as may be determined from time to
time by the Central Government in consultation with the State
Government, nonetheless, s.7(5), in unequivocal terms, saddles
the State Government with the responsibility to provide funds for
the implementation of the provisions of the Act - s.7(5) reveals that
the State Government shall take into account not only the sums
provided by the Central Government to the State Government but
also its other resources and shall be responsible to provide funds
for the implementation of the provisions of the Act - Therefore,
an onerous duty has been cast upon the State Government to
implement the provisions of the Act vis-à-vis the payment of
honorarium to the instructors/teachers - Therefore, in all earnest,
it is primary duty of the State Government to pay honorarium to
the instructors/teachers appointed under the Act or the scheme
formulated thereunder - Thus, initial burden to pay honorarium
to the instructors/teachers is upon the State Government who is
326
[2026] 2 S.C.R.
Supreme Court Reports
free to recover the contribution of the Central Government from
the Union of India on the principle of "pay & recover" - Principle
of "pay and recover". [Paras 68-70 (vi)]
Right of Children to Free and Compulsory Education Act,
2009 - Project Approval Board (PAB):
Held: The PAB is the sole central authority to manage budget and
finances under the Act and the scheme and to fix honorarium for the
instructors/teachers appointed thereunder - No other authority has
any say in the matter concerning finance and budget consequently
in the fixation of honorarium - The PAB having once approved the
proposal for fixing Rs.17,000/- per month as honorarium to these
instructors/teachers, no authority can sit over such a decision and
pass orders contrary to it - The PAB having fixed honorarium to
these instructors/teachers at the rate of Rs.17,000/- per month
with effect from the year 2017-18, the State Government/Central
is not justified in paying them at a lesser rate of either Rs.8,470/-
or Rs.9,800/- or at the basic rate of Rs.7,000/- per month.
[Paras 70 (iv), (v), (ix)]
Samagra Shiksha Scheme (subsumed the earlier Sarva
Shiksha Abhiyan) - Right of Children to Free and Compulsory
Education Act, 2009:
Held: There is another reason to treat the instructors/teachers
appointed in Primary Schools of the State of Uttar Pradesh as
teachers at par with other teachers - The part time contractual
instructors/teachers appointed in Upper Primary Schools
possesses the basic educational qualifications and eligibility as
set out by the National Council for Teachers Education which
are at par with the norms laid down for appointment of regular
teachers - In this view of the matter, the part time contractual
instructors/teachers appointed by the State Government under
the Scheme are in no way inferior to the regular teachers or the
Assistant Teachers appointed otherwise under the scheme -
Right of Children to Free and Compulsory Education Rules,
2010. [Para 40]
Samagra Shiksha Scheme (subsumed the earlier Sarva
Shiksha Abhiyan), discussed - Right of Children to Free and
[2026] 2 S.C.R.
327
U.P. Junior High School Council Instructor Welfare Association v.
State of Uttar Pradesh & Ors.
Compulsory Education Act, 2009 - Right of Children to Free
and Compulsory Education Rules, 2010 - r.20:
Held: The instructors/teachers appointed under the scheme have to
be at par with other instructors/teachers and they have to perform
not only the academic duties but certain other non-educational
duties as well - They are entitled to honorarium at par with the other
instructors/teachers - The honorarium payable to these instructors/
teachers needs to be revised periodically - This periodic revision
has to be done by none other than PAB and its decision is to be
treated as final and binding as no other authority or body under
the Act or the scheme has any power to sit over its decision and
to take a contrary view. [Paras 59-67]
Service jurisprudence - "substantive appointment":
Held: The term "substantive appointment" is not so defined but
in service jurisprudence is considered to mean an appointment,
not being an ad hoc appointment, on a post made after selection
in accordance with the rules and in the absence of the rules in
accordance with the procedure prescribed for under any scheme or
the instructions of the Government - Therefore, once the instructors/
teachers have undergone the process of selection under the scheme
regardless of the fact that there existed a post, their appointments
have to be treated as substantive in character. [Para 45]
Teachers - Role of teachers in nation-building, discussed.
[Paras 32-37]
Right of Children to Free and Compulsory Education Act,
2009 - Samagra Shiksha Scheme (subsumed the earlier
Sarva Shiksha Abhiyan) - Preliminary objection raised by the
State of Uttar Pradesh, relying upon s.24(3), regarding the
maintainability of the Writ Petition contending that the writ
petitions were not maintainable as instructors/teachers have
not exhausted the remedies available under the Act/scheme:
Held: No doubt, the aforesaid provisions make arrangement
for a redressal of the grievance of the instructors/teachers but
the grievances referred therein are in context with the default in
performance of duties by them or in connection with the disciplinary
action, if any, taken against them - The provisions of s.24 are
required to be read together and not in isolation - Sub-section (3)
328
[2026] 2 S.C.R.
Supreme Court Reports
of s.24, as such, cannot be read divorced Sub-section (1) and (2)
of s.24 - Moreover, the existence of an alternative remedy under
a statutory scheme does not operate as an absolute bar to the
exercise of writ jurisdiction under Article 226 of the Constitution -
The rule of exclusion of writ jurisdiction on account of availability
of an alternative remedy is one of prudence and self-restraint,
not of compulsion - Thus, where the facts so justify, the Court
retains full discretion to entertain and decide a writ petition
notwithstanding the availability of an alternative remedy - Thus, the
objection to the maintainability is unsustainable and is overruled.
[Paras 28-30]
Recruitment - Regular recruitment - Practice of engaging
employees on ad hoc, temporary, part time, contractual or
as guest to be avoided, government should strictly adhere
to proper procedure for regular recruitment:
Held: An ad hoc employee cannot be replaced by another ad
hoc employee, a temporary employee cannot be replaced by
another temporary employee, a contractual employee cannot
be replaced by another contractual employee and the guest
employee by another guest employee - The incumbents working
as aforesaid are entitled to preference in comparison to the
new candidates, unless there is anything against them - In
fact, practice of engaging employees on ad hoc, temporary,
part time, contractual or as guest ought to be avoided and the
Government should strictly adhere to proper procedure for regular
recruitment. [Para 44]
Case Law Cited
Rajasthan State Electricity Board v. Union of India [2008] 7
SCR 1025 : (2008) 5 SCC 632; Harbanslal Sahnia v. Indian Oil
Corporation Ltd. [2016] 5 SCR 731 : (2003) 2 SCC 107; Jaggo v.
Union of India and Ors. [2024] 12 SCR 1235 : 2024 SCC Online
SC 3826; People's Union For Democratic Rights v. Union of India
[1983] 1 SCR 456 : (1982) 3 SCC 235 - referred to.
List of Acts
Right of Children to Free and Compulsory Education Act, 2009;
Constitution (Eighty-Sixth Amendment Act), 2002; Constitution of
India.
[2026] 2 S.C.R.
329
U.P. Junior High School Council Instructor Welfare Association v.
State of Uttar Pradesh & Ors.
List of Keywords
Sarva Shiksha Abhiyaan; Samagra Shiksha Scheme; Part time
contractual instructors/teachers appointed in Upper Primary School
in the State of U.P.; Revision of honorarium; Honorarium fixed for a
contract period; Fixed honorarium; Part time contractual instructors/
teachers continued even after the expiry of contractual period;
Appointment of the part time or contractual instructors/teachers did
not remain contractual in nature once the contract period or the
extended contract period stood expired; Not part time instructors/
teachers; Prohibition for taking any job or part time employment
elsewhere during spare time; Continued continuously for over
ten years; Ad hoc appointees; Temporary appointees; Part time
or contractual appointees; Deemed to be employed permanently;
Deemed substantive posts; Continuity of work; Posts automatically
created; Honorarium cannot remain stagnant; Honorarium revisable
periodically; Unfair practice violative of Article 23 of the Constitution;
Entitled to revision of honorarium; Project Approval Board (PAB);
discretion of PAB; State Government may recover the contribution
of the Central Government from the Union of India; Principle of
"pay and recover"; National Council for Teachers Education.
Case Arising From
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 758 of 2026
From the Judgment and Order dated 02.12.2022 of the High Court
of Judicature at Allahabad in SAD No. 660 of 2020
With
Civil Appeal No(s). 759-764 and 765-768 of 2026
Appearances for Parties
Ms. Aishwarya Bhati, A.S.G., P S Patwalia, Ardhendhumauli
Kumar Parshad, S. R. Singh, Sr. Advs., R K Singh, Mrs. Neeraj
Singh, Kumar Gaurav, Ajay Chaudhary, Ms. Deveshi Chand,
Ms. Driyyambika Rao, Tom Joseph, Sanjay Kumar Tyagi, Pawan,
Sandeep Singh, Ms. Anita Tripathi, Ms. K. R. Chitra, Ms. Anita
Tripathi, Mithilesh Kumar Mishra, Ms. K. R. Chitra, Piyush Singh,
R. K. Singh, Mrs. Neeraj Singh, Kumar Gaurav, Ajay Chaudhary,
Praveen Pathak, Sanjay Rastogi, Sanjay Kumar Tyagi, Chetan
Joshi, Ms. Pankhuri Shrivastava, Udit Dedhiya, Ms. Shreya Jain,
Raman Yadav, Sudarshan Lamba.
330
[2026] 2 S.C.R.
Supreme Court Reports
Judgment / Order of the Supreme Court
Judgment
Pankaj Mithal, J.
1.
Leave granted.
2.
Education, that too good education at least up to the primary level
based upon values and morals, is fundamental to the progress of
the nation.
3.
Accepting the above fundamental principle, the Constitution (EightySixth Amendment Act), 2002 vide Section 2, inserted Article 21A in
the Constitution of India with effect from 01.04.2010 recognizing
Right to Education to all children between the age of 6-14 years.
4.
Article 21A reads as under :-
"21A. Right to education. - The State shall provide free
and compulsory education to all children of the age of six
to fourteen years in such manner as the State may, by
law, determine"
5.
In furtherance of the above objective, the Right of Children to Free
and Compulsory Education Act, 20091 was enacted on 26.08.2009
to provide free and compulsory education to all children of the age
of 6-14 years.
6.
The State of U.P., to promote primary education, adopted the centrally
sponsored scheme of Sarva Shiksha Abhiyaan (now merged into
Samagra Shiksha Scheme, launched in 2018) and decided to appoint
part time instructors/teachers on contractual basis in Upper Primary
Schools (Class VI-VIII) throughout the State of U.P.
7.
In order to implement the above programme, the State of U.P. issued
a Government Order dated 31.01.2013, contemplating to appoint part
time instructors/teachers on contractual basis on a fixed honorarium
of Rs.7,000/- per month to impart physical education, education in
art and work education. The said Government Order stipulated for
appointment of one instructor/teacher for every one hundred students
and prescribed the eligibility conditions and the minimum qualifications
1
Hereinafter referred to as 'the Act"
[2026] 2 S.C.R.
331
U.P. Junior High School Council Instructor Welfare Association v.
State of Uttar Pradesh & Ors.
for the appointment of such instructors/teachers in accordance with
the norms set out by the National Council for Teacher Education2.
8.
Under the above programme, an advertisement dated 25.02.2013
was issued by the State of U.P. inviting applications from eligible
candidates for appointment as part time contractual instructors/
teachers in the Upper Primary Schools of the State.
9.
On the basis of the aforesaid advertisement, a vigorous exercise
was undertaken for the selection of eligible qualified teachers for
appointment as part time contractual instructors/teachers in the Upper
Primary Schools. Following the above exercise, a large number of
teachers came to be appointed under contracts for eleven months
on a fixed honorarium of Rs.7,000/- per month with the condition
that these instructors/teachers so appointed would not directly or
indirectly take up any part time or whole-time job anywhere else.
10. The instructors/teachers so appointed were continued even after
the expiry of contractual period of eleven months on renewed basis,
year after year, but their honorarium remained fixed at Rs.7,000/-
per month despite the fact that recommendations were made by
appropriate authorities for the enhancement of the same. Though,
the recommendations so made were partly accepted and even
some enhancement was made, but subsequently only the earlier
fixed honorarium of Rs.7,000/- per month was continued and paid
to them. Aggrieved thereby, they invoked the writ jurisdiction of the
High Court challenging the decision of the Executive Committee of
the Shiksha Pariyojna Parishad.
11. The Single Judge of the High Court of Judicature at Allahabad decided
the writ petitions and directed for the payment of Rs.17,000/- per
month to such instructors/teachers with effect from March 2017.
However, in Special Appeal to the Division Bench preferred by the
State, the High Court by the common impugned judgment and order
dated 02.12.2022 passed in several such Special Appeals, directed
the State Government to pay honorarium of Rs.17,000/- per month
for the year 2017-2018 only.
12. Thus, there are eleven appeals preferred against the same common
impugned judgment and order dated 02.12.2022 passed by the High
2
In short 'NCTE'
332
[2026] 2 S.C.R.
Supreme Court Reports
Court of Judicature at Allahabad. The first Civil Appeal arising from
S.L.P.(C) No.9459/2023 is the leading appeal and has been preferred
by the Welfare Association of instructors/teachers so appointed. The
second set of six Civil Appeals arising from S.L.P. (C) Nos.174449/2026 is preferred by the State of U.P. against the very same order.
Lastly, the third set of four Civil Appeals arising from S.L.P. (C) Nos.
3331-3334/2024 is by some of the part time instructors/teachers in
their individual capacity.
13. The instructors/teachers are aggrieved for the reason that the High
Court permitted payment of Rs.17,000/- per month as honorarium
to them only for the year 2017-2018 and not thereafter. The State
of U.P. is aggrieved for the reason that the burden to pay the said
honorarium has been saddled upon it, though, it was also for the
Central Government to have contributed the necessary funds to bear
that burden and also because of the observations and the findings
of the High Court regarding the interpretation of Section 7 of the Act.
14. It is in these circumstances that all these appeals have come up
before this Court for consideration raising a common question as
to whether part time contractual instructors/teachers appointed in
Upper Primary School in the State of U.P. are entitled to revision
of their honorarium of Rs.7,000/- per month which was fixed for a
contract period of eleven months in the year 2013 or would continue
to receive the same fixed honorarium for years together or for all
times to come without any increment.
15. Undisputedly, all the instructors/teachers possessed minimum
qualifications and fulfilled the eligibility conditions for appointment as
part time contractual instructors/teachers. They were duly selected
and were appointed in various Upper Primary Schools of the State
pursuant to the advertisement dated 25.02.2013. They are all
continuing to function as such ever since their appointment in the
year 2013/2014.
16. The service contract provided that they will be paid a fixed honorarium
of Rs.7,000/- per month by the Zila Basic Shiksha Adhikari and that
the period of their employment would only be eleven months subject
to renewal but is silent about the honorarium on renewal of term. It
categorically provided that all such instructors/teachers will not directly
or indirectly engage in any other whole-time or part time profession
or business or enter into the service of any other employer.
[2026] 2 S.C.R.
333
U.P. Junior High School Council Instructor Welfare Association v.
State of Uttar Pradesh & Ors.
17. Some time in the year 2016-2017, the State Government submitted
a proposal to the Project Approval Board3 for enhancement of the
honorarium payable to these instructors/teachers to Rs.15,000/- per
month. However, the PAB, instead of sanctioning Rs.15,000/- per
month, only sanctioned honorarium of Rs.8,470/- per month for the
period March 2016 to February 2017. In this way, the honorarium
payable to these instructors/teachers was revised to Rs.8,470/- per
month for the above period which stood substituted for the honorarium
of Rs.7,000/- per month, which was initially fixed. Accordingly, the
contract stood impliedly modified to the above effect.
18. In the year 2017-2018, the State Government submitted a fresh
proposal to the PAB for the enhancement of honorarium to Rs.17,000/-
per month which was approved on 27.03.2017 in the 254th Meeting
of PAB. Based upon the aforesaid approval, the Additional Chief
Secretary (Basic Education), Government of Uttar Pradesh, issued
an order on 02.06.2017 stating that the Government of Uttar Pradesh
had accepted the proposal for payment of Rs.17,000/- per month to
the part time contractual instructors/teachers for the year 2017-2018.
However, despite the approval as aforesaid and the letter of the
Additional Chief Secretary (Basic Education), Government of Uttar
Pradesh, the necessary funds were not released rather the Executive
Committee of the Shiksha Pariyojna Parishad of the State reviewed
the PAB approval and revised the amount of honorarium as Rs.9,800/-
per month instead of Rs.17,000/- per month as recommended and
accepted. Accordingly, PAB issued order dated 02.01.2018 fixing
honorarium to these part time contractual instructors/teachers at the
rate of Rs.9,800/- per month.
19. Despite recommendation and acceptance of the proposal to pay
honorarium of Rs.17,000/- per month to these part time contractual
instructors/teachers and thereafter fixation of the honorarium at the
rate of Rs.9,800/- per month by the PAB, the said instructors/teachers
were allowed and paid honorarium only at the previously fixed rate
of Rs.8,470/- per month.
20. To add insult to injury, PAB approved and fixed honorarium of
Rs.7,000/- for the year 2019-2020 vide its order dated 19.07.2019.
3
In short 'PAB'
334
[2026] 2 S.C.R.
Supreme Court Reports
Thus, lowering the honorarium revised and paid at Rs.8,470/- from
March 2016 to Rs.7,000/- per month again.
21. In this manner, all the instructors/teachers so appointed were paid
honorarium of Rs.7,000/- per month from the year 2013 till 20152016; for the year 2016-2017 at the rate of Rs.8,470/- per month;
for the year 2017-2018 again at the rate of Rs.8,470/- per month
despite the fact that the Executive Committee of the Shiksha Pariyojna
Parishad had fixed it at Rs.9,800/- per month, even though, the State/
Central Government had accorded approval from PAB for payment
of Rs.17,000/- per month and from the year 2019-2020 they are
again paid fixed honorarium of Rs.7,000/- per month as initially fixed.
22. We have heard Shri P. S. Patwalia, senior counsel on behalf of
instructors/teachers and Shri Ardhendumauli Kumar Prasad, senior
counsel on behalf of the State of U.P. and others on the merits of
the appeals.
23. Shri P.S. Patwalia, senior counsel for instructors/teachers argued
that the honorarium fixed and paid to these teachers at the rate of
Rs.7,000/- per month, does not even meet the minimum standard
of wages admissible to the workers. The payment of such meagre
amount defeats the very purpose and object of free education
enshrined under the Act. It renders the implementation of the said
Act as illusory. Secondly, the year wise honorarium paid to such
instructors/teachers demonstrate prolonged stagnation with no chance
of promotion and increase in salary, as such, is arbitrary and contrary
to the statutory mandates. Thirdly, once an approval has been granted
by the PAB to pay honorarium of Rs.17,000/- per month for the year
2017-2018 and the same had been accepted by the State/Central
Government, as reflected by the letter/order dated 02.06.2017 issued
by the Additional Chief Secretary (Basic Education), Government
of Uttar Pradesh, the same stands substituted in place of the fixed
honorarium of Rs.7,000/- per month and, as such, it is not open for
the respondent to resile from the same and to pay Rs.7,000/- per
month as honorarium for the year 2019-2020 onwards. Lastly, it
has been submitted that the State cannot discriminate between the
instructors/teachers appointed to implement the above programme
with the other instructors/teachers and that the said instructors/
teachers are entitled to periodical enhancement of honorarium so
as to avoid stagnation. It has been argued that honorarium, once
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enhanced and paid, could not have been reduced to Rs.7,000/- per
month with effect from the year 2019-2020 onwards.
24. On behalf of the State of U.P., Shri Ardhendumauli Kumar Prasad
submitted that in fact the writ petitions itself were not maintainable
before the High Court inasmuch as the instructors/teachers have not
exhausted the statutory remedies available to them under the scheme
as provided under Section 24(3) of Act before approaching the High
Court. Moreover, the decision to fix honorarium to such instructors/
teachers is a policy decision under the scheme and since it is a policy
matter, the courts have no role to play and interfere with the same.
In this connection, he relied upon certain precedents which we would
refer to, if necessary, at some later stage. Lastly, he argued that these
instructors/teachers are simply part time contractual workers and
once they have accepted the terms and conditions of the contract,
they are estopped from claiming any higher honorarium. They cannot
approbate and reprobate by accepting the terms of the contract and
then to challenge the same. Apart from this, under the scheme, the
financial burden with regard to payment of honorarium to these
instructors/teachers has to be shared by the Central Government and
the State Government in the ratio of 60:40 respectively. Therefore,
once the State has fulfilled its obligation to contribute 40 per cent of
the finances, it was upon the Central Government to contribute the
remaining 60 per cent and if the Central Government fails to fulfil its
obligation, the court could not have directed the State to bear that
burden. Thus, the High Court has misconstrued various provisions
of Section 7 of the Act in passing the impugned judgment.
25. Shri S. R. Singh, senior counsel appearing for some of the instructors/
teachers in the Civil Appeals arising from S.L.P. Nos.3331-3334/2024
had submitted that Section 8 of the Act mandates the State
Government to ensure good quality elementary education (Class
I-VIII) in accordance with the standards and norms prescribed and,
therefore, it is incumbent upon the State to engage best of instructors/
teachers and that would only be possible if proper honorarium is
paid to them. Moreover, Rule 20(3) of the rules framed under the
Act provides that pay and allowances and other benefits such as
pension payable to these instructors/teachers shall be at par with the
instructors/teachers having similar qualification, work and experience.
Therefore, the State cannot discriminate and pay honorarium to
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them at a much lower rate than admissible to similarly placed and
qualified instructors/teachers. The fixation of salary for the instructors/
teachers is within the domain of the State Government and once a
decision was taken in this regard by the PAB, it had the statutory
force and was no longer dependent upon the discretion of the Central
Government or on the availability of the funds, either in the hands
of the State Government or on account of non-release of funds by
the Central Government.
26. In the light of the above facts and submission advanced on behalf
of the parties, the central issue in the present appeals is about the
honorarium payable to the part time contractual instructors/teachers of
the Upper Primary Schools in the State of Uttar Pradesh and whether
the fixed honorarium payable to them under the initial contract is
revisable from time to time.
27. Before delving into the merit of the case, it is pertinent to address the
preliminary objection raised by the State of Uttar Pradesh regarding
the maintainability of the Writ Petition. The submission on behalf of
the State of U.P. is that the writ petitions were not maintainable as
instructors/teachers have not exhausted the remedies available under
the Act/scheme. In this regard, reliance has been placed upon Section
24(3) of the Act which provides that grievances of the instructors/
teachers shall be redressed in such manner as may be prescribed.
28. No doubt, the aforesaid provisions make arrangement for a redressal
of the grievance of the instructors/teachers but the grievances referred
therein are in context with the default in performance of duties by
them or in connection with the disciplinary action, if any, taken against
them. This is evident from the reading of Sub-section (2) of Section
24 of the Act which provides that a teacher committing default in
performance of duties shall be liable to the disciplinary action and it is
in that connection that Sub-section (3) provides for the redressal of the
grievance of the teacher. The provisions of Section 24 are required to
be read together and not in isolation. Sub-section (3) of Section 24, as
such, cannot be read divorced Sub-section (1) and (2) of Section 24.
29. Moreover, as held in Rajasthan State Electricity Board v. Union
of India4, the existence of an alternative remedy under a statutory
4
(2008) 5 SCC 632
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scheme does not operate as an absolute bar to the exercise of writ
jurisdiction under Article 226 of the Constitution. This is particularly
so in cases where the writ petition has already been entertained by
the Court, pleadings have been completed, and the matter has been
adjudicated on merits. In such circumstances, relegating the parties
to an alternative forum would defeat the ends of justice and render
the prior proceedings redundant.
30. The Supreme Court has consistently clarified that the rule of exclusion
of writ jurisdiction on account of availability of an alternative remedy
is one of prudence and self-restraint, not of compulsion. This principle
was authoritatively reiterated in Harbanslal Sahnia v. Indian Oil
Corporation Ltd.5 wherein it was held that the High Court, while
exercising its writ jurisdiction, must weigh the facts and circumstances
of each case, assess the pros and cons, and then decide whether
interference is warranted. Thus, where the facts so justify, the
Court retains full discretion to entertain and decide a writ petition
notwithstanding the availability of an alternative remedy. Thus, the
objection to the maintainability is unsustainable and is overruled.
31. In order to appreciate the issue at hand it is important to first examine
the position/status accorded to the teachers in the Indian society.
32. In the larger narrative of nation-building, the energy, idealism, and
strength of the youth are rightly recognised as the driving force
of progress. Yet, this raw potential requires direction, and it is the
teacher who shapes it into a constructive and purposeful force. The
true foundation of a strong nation does not lie merely in the size of
its young population, but in the character and values of its citizens.
It is here that the teacher emerges as the most crucial catalyst.
33. It has been rightly observed that the real meaning of nation-building
lies in shaping character and refining personality. While parents
bear the primary responsibility of nurturing values, teachers play an
equally vital and decisive role. They engage with young minds during
their most formative years and, in doing so, profoundly influence
attitudes, conduct, and ideals. When parents and teachers work
together to instill discipline, moral values, and social responsibility,
the foundations of a stable and principled nation are laid.
5
(2003) 2 SCC 107
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34. This role of the teacher is beautifully captured in the verse,
"रविd रहेेगाा जििKसकेे पीीछेे, वहीी अरुण भेेदेेगाा तम।"
When the sun stands behind a youth, darkness cannot remain before
them. In this verse, the sun symbolises knowledge, clarity, and truth,
while darkness represents ignorance and confusion. In this sense, the
teacher stands in the place of the sun. With a teacher's guidance, a
student is never truly lost. The teacher's wisdom and values remain
as a constant source of strength and direction, enabling the student
to overcome ignorance and move towards understanding, just as
dawn dispels the darkness of night.
35. Therefore, if we seek a better future for the nation, we must recognise,
value and support teachers who are quietly shaping the country's
destiny by moulding character, instilling values, and guiding the youth.
36. Culturally, India has always recognized teachers equivalent to God.
This Indian concept is universally known and is reflected in the
following couplet:
"गुुरु ब्रह्माा गुुरु विdष्णुु, गुुरु देेवो महेेश्वरा ।
गुुरु साक्षाात परब्रह्म, तस्मैै श्रीी गुुरुवेे नम: ॥"
This couplet elevates teacher to divine level by recognizing teacher's
crucial role in shaping its pupils' character and life. It recognizes
teacher's contribution in imparting knowledge and preserving correct
values through relentless and continuous guidance. Thus, a teacher
is a divine channel and not merely an instructor who acts as a
guiding force in nurturing insight and enlightening thoughts. He is
a divine trinity.
37. In India, while teachers have been given stature equivalent to the
God, there have been instances where they are placed above God.
This is reflected from the following couplet:
"गुुरु गोबिं[ंद दोऊ खड़ेे, का केे लाागौंं पांं�य।
बलि�हाारी गुुरु आपनेे, जििKन गोबिं[ंद दि�योो बताय॥"
This verse highlights the supreme importance of teacher. It presents
a situation where when teacher and God appears in front of you,
it is always better to bow down to the teacher first then God as
he is a person who awakens our life and introduces us to God. It
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U.P. Junior High School Council Instructor Welfare Association v.
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conveys that while God represents truth, it is teachers who help us
reach the truth, the God. Therefore, in all humility, the Indian culture,
society and ethos place teachers, if not higher to the God but, at
least equivalent to them. Teachers command the highest respect in
society and are revered/worshipful as Gods.
38. It is in the above scenario that we have to consider the manner in
which our primary teachers have to be treated, who are responsible
for the character building of the generation next i.e. Bharat Bhagya
Vidhata. They are the ones who build the character of new generation.
Character building of the citizens is the foundation for the nation
building. If this foundation is weak, the nation is bound to collapse.
Therefore, we must accord the highest regard and respect to our
teachers at all levels, even at the level of the government, especially
the primary teachers. They have to be compensated for their work
most suitably. In fact, no honorarium would be enough to compensate
the services rendered by our teachers.
39. The part time contractual instructors/teachers appointed in Primary
Schools of the State of Uttar Pradesh, in the first place, ceases to
be contractual teachers as soon as the contract period of eleven
months initially entered into or the renewed period, if any, comes
to an end. It is noticed from the counter affidavit that the original
contracts were last renewed in 2017-18 and in these renewed
contracts the honorarium agreed upon is Rs.8,470/- per month. There
is no renewed contract thereafter. The contract having once expired
and not having been renewed specifically and reduced to writing
after 2017-18 would not actually be a contract so as to recognize
the instructors/ teachers so appointed to be contract teachers on
the expiry of the above contract. They would rather be treated as
teachers simpliciter after 2017-18.
40. There is another reason to treat them as teachers at par with other
teachers. The part time contractual instructors/teachers appointed in
Upper Primary Schools possesses the basic educational qualifications
and eligibility as set out by the National Council for Teachers Education
which are at par with the norms laid down for appointment of
regular teachers. In this view of the matter, the part time contractual
instructors/teachers appointed by the State Government under the
Scheme are in no way inferior to the regular teachers or the Assistant
Teachers appointed otherwise under the scheme.
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41. Secondly, part time contractual instructors/teachers of the Upper
Primary School are not even part time teachers, though they are
described so.