Samagra shiksha project: Resource persons engaged by Chandigarh entitled to DA, rules HC

The court was dealing with a bunch of petitions filed by resource persons (academic and special education) in 2019-20, who had challenged the July 2022 decision

The Punjab and Haryana high court (HC) has ruled that resource persons, engaged by the UT administration under the Centre’s Samagra Shiksha Project, are entitled to dearness allowance (DA) at par with other contractual workers of the administration.

The court noted that respondents are unable to conclude that up to 2021, petitioners were getting DA at par with other school teachers. (HT Photo for representation)

The HC bench of justice Jagmohan Bansal quashed the July 2022 order of the administration, whereby their salaries were reduced and recovery notices issued. The court then directed the UT to release DA at the rate of 189% with effect from July 1, 2021. The arrears, at the first instance, shall be paid within three months (from February 24), failing which, the UT would be liable to pay interest at the rate of 9% per annum from the expiry of the said period, the court said, adding that the administration would be at liberty to recover the same from the Centre.

The court was dealing with a bunch of petitions filed by resource persons (academic and special education) in 2019-20, who had challenged the July 2022 decision.

The Chandigarh administration had in August 2016 decided that contractual employees would also be entitled to DA. In the case of regular employees too, the DA was increased from time-to-time. However, a dispute arose when DA was revised from 164% to 189% in July 2021 and the same was paid to Samagra Shiksha Project employees as well. But in 2022, recovery notices were slapped.

The court noted that respondents are unable to conclude that up to 2021, petitioners were getting DA at par with other school teachers. However, the same was brought down to 164% on account of shortage of funds sanctioned by the Central government in 2022.

The court observed that the dispute has erupted because UT is of the opinion that 100% cost of the Samagra Shiksha Project should be borne by Centre as it is a 100% central government project whereas the Centre is of the opinion that they have allocated specific budget to each state and union territory and if there is any deficiency, it has to be borne by state government or UT.

“The petitioners are contractual employees of Chandigarh administration and they were working under a particular project. They are entitled to DA at par with other contractual teachers. There is no ground with respondents to reduce their DA from 189% to 164%,” the court ruled, adding that the UT and Centre are asking each other to bear the burden of differential amount which is arising on account of calculation error or misunderstanding between two government authorities. “The petitioners cannot be made to suffer on account of misunderstanding between two departments or authorities. The respondents are duty bound to pay differential amount to petitioners like other employees especially when there is no ground with respondents,” the court remarked, adding that in case of the state, the Centre could claim that burden should be borne by state government, however, in case of Chandigarh this “argument does not sustain” as it is directly controlled by the Centre.