UP Ad Hoc Teachers' Plea : Supreme Court Directs State's Response On Need To File Salary Details To Apply For TGT/PGT Exam

The direction was issued by a division bench comprising Justice SK Kaul and Justice Hrishikesh Roy in a plea preferred by teachers who had been appointed in the due exercise of powers u/s 16 E (11) of the UP Intermediate Act, 1921 wherein the teachers had sought for directions to the State of UP to extend the last date of filing application forms under advertisements and allowing them to appear in the exam for the post of TGT/PGT.

The plea had also sought directions to alternatively keep sufficient posts vacant for TGT/PGT teachers if the teachers were not allowed to take the exams.

The counsel for the State of Uttar Pradesh had contended that what was pleaded before the court on August 6, 2021 did not reflect the correct position as persons could submit their applications through the electronic mode and there was no impediment except that post passing orders by the top Court, a corrigendum was issued.

The State's counsel also submitted that there were many such persons who submitted their application including Rajiv Kumar Tiwari (petitioner 5).

"Even under the corrigendum dated July 8, 2021 the petitioners have not been permitted to apply as the portal had not been opened and only a compliance on paper is sought to be made of the directions passed by the Top Court on June 28, 2021. For all those persons whose payment was wrongly withheld by the Respondents are wrongly being denied a chance to appear in the examination by not accepting their forms," plea read.

On August 26, 2020, the Top Court had directed the State to pay salaries to the teachers and similarly situated teachers and also directed the State to permit them to appear in one single examination for appointment of teachers to be carried out by the State of UP.

The Top Court had said that the concerned authorities should give benefits to teachers and lecturers who have so far worked ad hoc and had worked out a formula giving some weightage to both TGT and lecturers depending on the period of services rendered. The court had also held that in the case of TGT's such weightage would have to form a part of total marks while in case of the lecturers such weightage could be given in the process of interview. Apart from weightage, another aspect that the court considered was that the period that had been verified as having been spent in teaching as ad hoc would be counted for purposes of retiral benefits of the TGT's and Lecturers and had also directed the State authorities to pay arrears of salaries to all teachers who had not been paid while working as ad hoc teachers.

On June 28, 2021 the Top Court had clarified that the date of disbursal of salary could not be a condition for applying under the advertisement dated March 16, 2021 and thereafter a corrigendum was issued on July 8, 2021.

The matter is now expected to be heard on August 18, 2021.

Case Title: Shri Chandra Ojha & Ors v State of Uttar Pradesh & Ors

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