Uttar Pradesh Government was asked to fill an affidavit in reply that why the primary school teachers in schools are paid so less which are recruited under the Right to Education Act. In the meantime, the instructions are released that the teachers should be paid in equal terms and what they are supposed to receive as per the services provided in the terms of the guidelines which are set by the Central Government.
It was observed by the court that teachers were paid a sum of ?7,000/- per month and this activity done by the schools clearly violates the Article 23, right against exploitation and further, it was noted that ?7,000/- does not even meet the minimum standards for the teachers and even for the labours and these schools were keeping the well-qualified teachers at such low amounts and the state have done is an exploration to each and every teacher by paying such low amounts as salary which a labour or IV class i.e. peons etc. will not accept.
Petitioners who are seven in number have filed the petition stating that the Central government has framed an Act in the name of Right of Children to free and Compulsory Education Act, 2009 termed as RTE in short and because of which they had job requirements by the Government order dated 31.01.2013 sanctioning 41307 posts of part-time instructors for imparting Education i.e. art education, health education, physical education, and work education all the eligible candidates have invited application through an advertisement for appointment of instructors and after a duration of time these eligible candidates were paid a very low salary which was obviously not satisfactory and accepted from the authorities
It was further noted that the guidelines which are issued by the Central Government for payment of ?17,000/- should be a guiding factor which should be followed. In the above case, the court released the order that the teachers and instructors should continue with their respective works till the wit petition is pending and has court has given confirmation that the teachers and instructors will be paid as per the government order dated 31.01.2013 with their respective salaries which they deserve for the work done.