Indore (Madhya Pradesh): In a major reprieve to Shiksha Karmi teachers appointed under Madhya Pradesh Nagarpalika Shiksha Karmi (Recruitment and Service Conditions) Rules 1998, Indore bench of Madhya Pradesh High Court has upheld their right to receive the same employment benefits as regular municipal employees.
The division bench comprising Justice Vivek Rusia and Justice Binod Kumar Dwivedi ruled that teachers initially appointed under the municipal rules and subsequently merged into the state education service are entitled to all service benefits, including pension, from the date of their original appointment.
The case brought against Nagar Palika Parishad and others, pertains to a group of Shiksha Karmi Grade-I teachers appointed by the chief municipal officer of Mandsaur Nagarpalika Parishad. Their appointments were made under the Madhya Pradesh Nagarpalika Shiksha Karmi (Recruitment and Service Conditions) Rules, 1998 and were regularised after a three-year probation period.
Despite serving for over a decade, these teachers were denied benefits such as the regular pay scale applicable to municipal teachers, house rent allowance, employee insurance and medical facilities. Although their pay scale was revised to Rs 4000-8000 in 2007, they argued they were eligible for Rs 5000-8500 under the 1998 rules.
Additionally, despite being employed since 1998, they were required to join the contributory pension scheme introduced in 2005 rather than the pension benefits traditionally granted to municipal employees. The appellant municipality contended that all benefits due under the 1998 rules had already been provided and argued that according to the 2008 rules the teachers were categorized as state government employees not municipal employees.
However, the HC rejected this argument, asserting that no substantial difference existed between the appointment processes and service conditions of Shiksha Karmis and regular municipal employees.
The HC concluded that the merger of these teachers into the State Education Service had effectively placed them under the school education department’s control making them eligible for all service benefits from the initial date of their appointment, as is the case for government teachers.
Consequently, the HC dismissed the municipality's appeal affirming the teachers' entitlement to full-service benefits, including pension, from their original appointment date. The decision is expected to impact numerous Shiksha Karmi teachers across Madhya Pradesh who have faced similar issues regarding employment benefits and recognition.
