HC slams Delhi govt over low wages to MCD’s Punjabi language teachers

The teachers in this case were employed by the Delhi government’s Punjabi Academy in the 1980s to teach Punjabi language

The high court has slammed the Delhi government for opposing the pleas of 96 part-time Punjabi teachers in Municipal Corporation of Delhi (MCD) schools who are paid ₹7,000 per month and are seeking a raise. The court said that the state government, as a model employer, cannot justify paying salaries below minimum wages and must not perpetuate such exploitation.

Justice Jyoti Singh criticised the government in her July 15 ruling, released on Friday. (HT Archive)

The teachers in this case were employed by the Delhi government’s Punjabi Academy in the 1980s to teach Punjabi language in MCD schools at monthly wages of ₹500-600, which over the years increased to ₹7,000.

They approached the high court asking that their salaries be increased to 50% of those paid to regularly appointed teachers. They said that they were hired to teach for three hours a day but were later assigned additional duties, which went well beyond three hours, without any extra pay. The petitions also said that most of them served diligently for more than 30 years without any complaints against their performance.

But the Delhi government justified not having increased the teachers’ salary, saying they were part time untrained teachers with only a 10th or 12th pass qualification, and did not possess the qualifications of assistant teachers. It was also submitted that they were not appointed through competitive examination.

Criticising the government, justice Jyoti Singh in her July 15 ruling, released on Friday, said, “The state as a model employer cannot justify payment of a monthly wage of ₹7,000 per month to teachers who have served for decades. This is nothing short of exploitation, an evil sought to be eradicated and prohibited under Article 23 and needless to state, the directives in Articles 39, 41 and 42 of the Constitution are completely violated.”

She added, “The Delhi government is bound to ensure enforcement of Article 23(1) and prohibit employment at meagre wage. No reasonable person could stand up to justify a wage below the minimum wage 75 years after the Constitution was made and 78 years after independence. Instead of taking forward constitutional goals and enforcing Article 23(1), even today, strangely and shockingly, respondents stand to canvass every possible argument under the sun to contest these petitions.”

Terming the case “unfortunate”, the judge observed that the petitioners’ consolidated salary was less than the monthly wages of an unskilled worker. The court directed the Delhi government to revise their salaries to 50% of those paid to regularly appointed teachers within eight weeks and to disburse the arrears within the following four weeks, noting that the teachers were appointed after meeting the required qualifications.

“There is little doubt that respondents are completely oblivious of the Constitutional goals and Directive Principles of State Policy and the Fundamental Rights enshrined in Articles 14, 21 and 23 of the Constitution. It shocks my conscience to note that after 25-30 years of service as Punjabi language teachers, the petitioners’ last drawn salaries are less than ₹7,000 per month. These batch of petitions brings to light a very unfortunate and sorry state of affairs,” the court said.

Justice Singh observed that the petitioners’ continued service for decades was a proof of their competence and capabilities which made them entitled to a decent wage after serving for a lifetime.