State govt transferring contract teachers is legal, says Andhra Pradesh HC

Not implementing the revised pay scale for these sections while implementing them for regular employees is tantamount to discrimination.
Andhra Pradesh High Court
Andhra Pradesh High CourtPhoto | Express

VIJAYAWADA: The Andhra Pradesh High Court said that the State government is within its right to transfer the contract employees. Delivering its verdict in the petition filed challenging the transfer of teachers working on a contract basis in Kasturba Gandhi Balika Vidyalaya, recently, the division bench comprising Justice U Durgaprasad Rao and Justice V Krupasagar said when the clause of transfer was there in the contract, the government transferring the teachers working on contract basis is legal and justified.

It upheld the government order number 103 issued in 2022 transferring the teachers of KGBV working on a contract basis. At the same time, the court said the government as part of its welfare initiatives revised the minimum wages for the contract employees and those working in KGBVs also fall under this category.

The court directed the officials concerned to implement the revised pay scale to the contract teachers of KGBVs effective from January 1, 2022, and clear the arrears within 12 weeks.

Following the GO 103, contract teachers of KGBV approached the High Court challenging the transfers and at the same time prayed for the implementation of revised pay scales to them. When the case came before the single-judge bench of Justice K Manmada Rao, the court refused to interfere in transfer orders but directed the government to pay the revised scales and clear the arrears.

The petitioners and the school education department appealed against the single-judge bench directions. When the appeals came for hearing before the division bench, advocate NV Sumanth appearing for contract teachers said as per the Supreme Court orders, equal pay for equal work should be followed even in the case of employees appointed on temporary, contract, and ad-hoc bases. Not implementing the revised pay scale for these sections while implementing them for regular employees is tantamount to discrimination.

The High Court said equal work and equal pay principal applies to all and at the same time transfers are also legal.

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