The Supreme Court of India has delivered a significant judgment in favour of thousands of contractual upper primary teachers in Uttar Pradesh, declaring that they are entitled to a monthly honorarium of Rs 17,000. The apex court also ruled that these teachers, whose contracts continued over many years, should be treated as permanently employed once the contractual period expired. The bench, comprising Justices Pankaj Mithal and P.B. Varale, dismissed an appeal by the Uttar Pradesh government and directed the state to start paying revised honorarium from 1 April 2026. Arrears due from the period beginning 2017-18 must be paid within six months of the order.
Background of the Contractual Teachers Scheme
Under the Sarva Shiksha Abhiyan, the Uttar Pradesh government had appointed part-time instructors and teachers on a contractual basis in upper primary schools (Classes 6-8) across the state. Initially appointed on eleven-month contracts since 2013, many teachers continued working beyond the contract period, year after year, with their honorarium remaining at a fixed rate of Rs 7,000 per month. These contractual teachers were restricted from taking up other employment but continued performing duties similar to regular teachers. Despite recommendations for enhancement, their remuneration remained unchanged, prompting legal challenges that reached the Supreme Court.
Supreme Court’s Rationale and Constitutional Context
The Supreme Court observed that fixing a permanent honorarium of Rs 7,000 amounted to “begar” — a form of forced or unfair labour prohibited under Article 23 of the Constitution. It held that the contractual arrangement, which continued for extended periods, effectively became permanent in nature. The court underscored the vital role of teachers in shaping young minds and emphasised that education is fundamental to national progress. It noted that the work undertaken by these instructors was akin to substantive posts created through continued performance of duties. Consequently, these positions should be deemed permanent substantive posts after prolonged service.
Directions on Payment and Arrears
The Supreme Court ruled that:
- Revised honorarium of Rs 17,000 per month must be paid to these teachers with effect from 1 April 2026.
- Arrears from the 2017-18 academic year must be disbursed within six months of the judgment.
- The honorarium is to be periodically revised at least once every three years by the designated authorities under the scheme.
The apex court also clarified that the initial burden of payment lies with the state government, which may recover contributions from the central government under the “pay and recover” principle.
Implications for Upper Primary Education
The judgment reinforces the view that contractual teachers performing long-term duties are entitled to fair compensation and employment recognition. It underscores the constitutional obligation to uphold dignity of labour and to ensure that educators receive suitable remuneration Contractual teachers in Uttar Pradesh will now receive improved pay and job security, aligning their status more closely with permanent educators. This ruling may have wider implications for contract-based teaching staff in other states and programmes, prompting a re-evaluation of pay scales and employment terms where long-standing service has been rendered.