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SLP (Civil) No. 18579 of 2012. Case: Gopal Chawala and Ors. Vs State of Madhya Pradesh and Ors.. Supreme Court

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Case NumberSLP (Civil) No. 18579 of 2012
Party NameGopal Chawala and Ors. Vs State of Madhya Pradesh and Ors.
CounselFor Appellant: S.K. Sharma, Adv. for Varinder Kumar Sharma, Adv.
JudgesK.S. Panicker Radhakrishnan and A.K. Sikri, JJ.
IssueConstitution of India - Articles 14, 23, 43; Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993
Judgement DateOctober 30, 2013
CourtSupreme Court

Order:

K.S. Panicker Radhakrishnan, J.

  1. The State of Madhya Pradesh launched an Education Guarantee Scheme (EGS) so as to provide primary education to each and every child in the State and give effect to the national education policy, especially in the rural areas of the State. In order to give effect to that scheme, the State Government, with the concerned local authorities opened various education centers to provide education to the children of the age group from 6 to 14 years. The scheme also provided for appointment of Shiksha Karmi/Guruji to provide basic education to the children at various centers on payment of honorarium. Educational qualification for the above-mentioned post was higher secondary and thereafter it was enhanced to BTI/DED, with an honorarium of Rs. 2,500/- per month.

  2. The Petitioners were appointed as Shiksha Karmi/Guruji and were posted at various centers. Training was given to them for two years and were issued certificate of diploma in education. The Chief Education Officer, Janpad Panchayat passed an order on 21.02.2011 granting certain benefits to the Petitioners which are available to Adhyapak cadre. However, the said order was withdrawn subsequently by an order dated 12.08.2011. Challenging the order of cancellation, several writ petitions were preferred before the High Court of Madhya Pradesh at Gwalior Bench and were heard by a learned Single Judge. The learned Single Judge found no infirmity in the order and dismissed the writ petitions. However, a direction was given to the authorities to examine whether the honorarium paid to the writ Petitioners could be revised in view of the principles flowing from Articles 23 and 43 of the Constitution of India. A writ appeal was preferred against the said judgment which was also dismissed. Against that judgment this special leave petition has been filed.

  3. Shri S.K. Sharma, learned Counsel appearing for the Petitioners, submitted that the Chief Executive Officer has no powers to withdraw the earlier order dated 21.02.2011 granting the pay scale and other benefits available to the post of Adhyapak to the Shiksha Karmies working at various centers under the EGS. Learned Counsel also pointed out that the principle of equal pay for equal work has been given a complete go-bye by the impugned order which is in clear violation of the equality clause guaranteed under Article 14 of the Constitution of India. Learned Counsel placed reliance on the Judgments of this Court...

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