The Allahabad High Court has directed to renew the contract of temporary teachers working in the school run under the aegis of the Aligarh Muslim University as before and pay them regular salary.
A Single Bench of Justice J.J Munir passed this order while hearing a petition filed by Uzma Naseem and 11 Others.
The Court noted that,
On 25.05.2023, the following interim order was passed backed by reasons carried in the order of that date:
“1. Supplementary affidavit on behalf of the university is taken on record.
2. Heard Manish Goyal assisted by Ananya Shukla, counsel for the petitioner. Neeraj Tripathi, senior Advocate assisted by Shashank Shekhar Singh, appearing for the University.
3. Admittedly petitioners have been continuing, though on a temporary basis in the school run under the aegis of the University and are being paid salary ever since their initial appointments. They have been made to continue on a year to year basis by way of renewal of their respective appointments. It is submitted that this time while on 21.03.2023 advocate appearing for the university made an admission to the effect that renewal of appointments had been accorded for the next academic session on 17.03.2023 but the petitioners were directed to enter into a fresh contract of service. He submits that their terms of contract continuing since 2016 are sought to be changed as fresh terms of contract provide only for the basic pay and no other emoluments which were earlier used to be given to them. He submits that the petitioners are still working and taking classes and have even conducted examinations as invigilators.
4. Per contra, it is argued that the petitioners having not entered and signed the fresh contract by filling up the requisite form, they cannot be paid salary. In so far as the reduction in pay is concerned it is stated that the University has taken a policy decision to pay only basic pay to such temporary teachers.
5. Having heard counsel for the parties I find that a statement was made previously that petitioner’s contract has been renewed and so order was passed on 17.03.2023. The court was given to understand that the petitioners were continued on same terms and shall not be required to sign any fresh contract which may reduce their emoluments. The court was also given the impression that after the renewal had been granted to such temporary teachers, they would be permitted to work and would be paid a salary.
6. In such above view of the matter, I hereby provide that if the petitioners have been working in the school run by the University, they shall be continued temporarily in employment upon the conditions on which their temporary services were renewed every year previously and they be paid salary as they had been receiving previously in the meanwhile, until this matter is disposed of finally.
7. List this matter for final hearing on 11.07.2023.”
On May 10, a complaint has been made seeking remedy by way of a wrong doer that the petitioner’s renewal during the current academic session is soon to come to an end, that is to say , 2023-24 and the respondents do not intend to renew the petitioner’s appointment for the next session 2024-25 as well.
“A perusal of the order dated 25.05.2023 shows that the temporary services of the petitioner had to be renewed every year and the petitioners paid salary as they had been receiving previously, until this petition is disposed of finally. The petition is yet to be heard. Therefore, there was no justification not to re-engage the petitioners during the academic session 2023-24 nor is there any justification not to re-engage them during the forthcoming academic session, 2024-25”, the Court observed.
Therefore, The Court modified the order dated 25.05.2023 and it is ordered that the petitioners shall be reinstated in service forthwith during the current academic session for whatever is the remainder period of it and paid salary regularly and their engagement shall be renewed during the next academic session in terms of the interim order dated 25.05.2023.
The Court has fixed the next hearing of the petition on 23.05.2024.