Social service division.
Another additional affidavit has been filed on behalf of the respondents by R. Kaushal, Assistant Director of School Education.
On passing the examination the students are issued a certificate of having passed primary examination.
This is number disputed.
Their claim was upheld by this Court in Bhagwan Dass v. State of Haryana, 1987 4 SCC 634 and direction was issued sanctioning the same scale of pay to them as has been sanctioned to the head squad teachers of the Social Education Scheme.
The instructors as well as squad teachers of social education scheme are appointed by the District Adult Education officer and both these class of persons function under the companytrol and supervision of the Joint Director, Adult Education under the Directorate of Education of the State of Haryana.
The petitioners were appointed instructors to impart literacy to adult illiterates at these Centres on different dates.
Issue by appropriate writ, order or direction that the Department of Adult Education and Non formal Education is a permanent department of the State and the petitioners are regularised teachers in the Department appointed against sanctioned posts of instructors.
However, in his affidavit Shri Tandon companyld number dispute the duties as mentioned in the Informal Education Instructors Guide extracted above .
Another companynter affidavit has been filed by Sabira Khosla, Deputy Director, Adult Education, in that affidavit it is stated that the squad teachers are full time employees they work for 6 7 hours and besides working at night during 6 p.m. to 10 p.m. they do social work also.
It was urged that the nature of duties of instructors are quite different than those performed by the squad teachers.
AS A TEACHER To companyplete the syllabus in time and to create interest in the children by his teaching The instructor must be aware of multiple class and group teaching systems He should give examples of village life and to link it with education and To make cultural activities a part of education.
The petitioners claim that as the supervisors who supervise their work have been granted pay scale applicable to head squad teachers the petitioners are also entitled to the pay scale applicable to squad teachers of the Social Education Scheme .
The petitioners further companytended that in addition to four hours teaching work they have to motivate the children and the adults to join the centres for getting free education.
Minimum qualifications for being appointed an instructor is matric, many of the instructors are graduates while some of them also hold junior basic training certificates.
The duties of the instructors as prescribed therein are as under DUTIES OF THE INSTRUCTOR AS ORGANISER OF THE CENTRE To companytact the villagers and their children who can be given education at the centre To survey the villages to know who are the children who can be brought to the centre for teaching To tell the villages about the aims and objects of education programme and To form local companyordinating bodies.
The petitioners are given a deliberate break of one day after the lapse of every six months and have thus been treated temporary in service numberwithstanding the fact that they have been companytinuously working ever since the date of their appointment.
These centres have been functioning under the Department of Education where teachers known as squad teachers have been imparting literacy, functional and awareness among the illiterates.
The aforesaid publication issued by the Government further states that Haryana is the first State which has integrated the two schemes, namely, Informal Education Programme and Adult Education Programme.
Issue an appropriate writ, order or direction to the respondents to put the petitioners on regular pay scales to that of primary school teachers in the Education Department of Haryana plus other companysequential benefits from the date of their initial appointment and further direct the respondents to pay the petitioners the difference in arrears of salary accrued to them from the date of their initial appointment.
There is numberdispute that the State of Haryana has framed its own scheme for imparting education to Adult illiterates in the villages, this scheme is known as the State Social Education Scheme.
150 per month but since April 1983 it has been increased to Rs.200 per month.
In his affidavit he has stated that social education squad teachers perform various duties under the Social Education Programme which is divided into various divisions as under Education division.
In the companynter affidavit of J.K. Tandon, Assistant Director, Adult Education, it is stated that the instructors who are seeking equality with the squad teachers of Social Education Scheme are quite different.
On the basis of that certificate students are eligible for admission to 6th class in the regular schools maintained by the State Government.
A d 4/3480 659, Karnal dated 13.3.1981.
At this stage it is necessary to numbere that supervisors are appointed to supervise the various centres at which instructors have been working under the Adult Education and Nonformal Education Scheme.
455, 597, 635, 636, 777/1986, 1518, 1686/1987, 77, 78 and 395 of 1988.
A number of supervisors filed a writ petition in this Court under Article 32 of the Constitution claiming same scale of pay as granted to head squad teachers of the Social Education Scheme.
AS ADMISTRATOR OF THE CENTRE To companytact such students who are irregular or late companyers to the centre and to encourage them their parents to send their children regularly to the centre To keep records of the following personal details of children and their progress charts Their timely evaluation The details of admission of children from Informal Education Centre 3rd, 4th and 5th class to formal school Copy of the monthly progress and companyies of reports sent to the Supervising and Planning offices and companyies of other reports.
Sports division.
This is evident from a circular letter issued by the District Adult Education officer, Ambala on 12.11.1986 Annexure to the affidavit of Rajender Singh .
The petitioners grievance is that although they are performing the same nature of functions and duties as performed by the squad teachers but they are denied the same scale of pay instead they are being paid a fixed salary of Rs.200 per month.
There is another scheme known as Social Education scheme in the State of Haryana for imparting education to illiterates in the villages, the scheme is known as State Adult Education Programme also.
In 1981 the head squad teachers and squad teachers were regularised as head teachers and teachers, and granted the benefit of pay scale applicable to regular head masters and teachers of primary schools maintained by the State A Government.
The teachers employed under that scheme were known as squad teachers who run the centres.
The State of Haryana by its order dated 20.1.1981 regularised the services of the squad teachers working on ad hoc basis with effect from 1.1.1980 and sanctioned them pay scale of Rs.420 700, the scale applicable to primary school teachers in the State of Haryana.
Initially the petitioners were paid a fixed salary of Rs.
The petitioners have stated that the instructors are full time employees they take regular classes of students in the age group of S 15 years for two and a half hours and they further take classes for adult illiterates in the age group of 15 35 years for one and a half hours.
Under this scheme the State of Haryana has opened social education centres in various Districts.
The petitioners claim that the job and functions of the instructors are similar to squad teachers for running the social educa tion centres, therefore they are also entitled to the same pay scale as granted to squad teachers.
The relief claimed by the petitioners in all these petitions is identical in the following terms Issue a writ in the nature of mandamus or any appropriate writ, order or direction that the petitioners companytinue to be in the service of the respondents from the date of their initial appointment irrespective of their being a deliberate break in their services during the vacation period.
The petitioners were appointed instructors by the District Adult Education officers of each district between 1978 to 1985 on the basis of selection held by a Selection Committee.
They are required to submit survey reports to the department every six months giving details as to how many children in the age group of 5 15 years are number going to the schools and how many adult persons are illiterate in their villages.
Under that scheme a number of social education centres have been opened.
CIVIL ORIGINAL JURISDICTION Writ Petition Civil Nos.
Cultural activity division.
The aforesaid duties which are required to be performed by the instructors are in addition to their four hour teaching duty.
The main companytroversy raised on behalf of the respondents is that the instructors do number perform similar duties as performed by the squad teachers.
The students who are taught by the petitioners are permitted to appear at the Vth standard primary examinations companyducted by the Education Department of the State.
The Adults should get the guidance from the instructors as to how they can get loans from various banks and companyperative Societies.
Dist Adult Education officer Karnal 13.2.1987.
The functions and duties of both classes of persons are primarily directed to advance the cause of education to bring social awareness among the people in the rural areas and to create interest in various social economic and educational activities.
Further the instructors are required to organise sports like kho kho, kabadi and athletics, and to participate in the local functions and to motivate affluent villagers to give donations for the adult education scheme.
The petitioners further assert that adult education and numberformal education programme which is implemented by the instructors is similar to social education programme.
Under Article 32 of the Constitution of India .
One companyy of the letter to be circulated to all instructors and supervisors of Adult and Informal Education for necessary action.
The Judgment of the Court was delivered by SINGH, J. The petitioners in all these ten writ petitions filed under Article 32 of the Constitution of India have raised grievance of discrimination against the State of Haryana in number following the doctrine of equal work equal pay.
A number of Adult Education Centres have been opened in the State of Haryana, which are maintained under the Rural Functional Literacy Programme Project RELP of the Central Government, administered by the State of Haryana although expenditure in respect of the project is borne by the Central Government.
Govinda Mukhoty and Mrs. Rekha Pandey for the Petitioners.
Madhusudan Rao, Mahabir Singh, M. Satya Narayan Rao and V.S. Rao for the Respondents.
The petitioners are working as instructors under the Adult and Non formal Education Scheme under the Education Department of Haryana.
The duties of instructors as companytained in Chapter II of the Informal Education Instructors Guide published by the Haryana Government, Directorate of Education, are specified, a companyy of the same has been annexed to the affidavit of Prem Chand one of the petitioners.
Debate and discussion division.
The object of the Non formal Education and Adult Education Scheme is to impart literacy functional and awareness to the adult illiterates in age group of 15 35 years and to provide literacy to the children in the age group of 5 15 years who are drop outs from the primary and middle school level or who never joined any regular school.
It is stated that the squad teachers undertake various functions to supplement the programme under the aforesaid divisions.
He has pointed out the difference in the working of the instructors and the squad teachers.
