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Service & Administrative LawSupreme Court of India

U.P. Junior High School Council Instructor Welfare Association v. The State of Uttar Pradesh & Ors.

Civil Appeal · 2026 INSC 117Decided 4 Feb 2026
C.A. No.-000758-000758 - 2026
Justice Pankaj Mithal · Justice Prasanna B. Varale · Justice S.V.N. Bhatti

Background

Under a Uttar Pradesh scheme (part of the centrally sponsored Sarva Shiksha Abhiyaan/Samagra Shiksha Scheme) implementing the right to free education, part-time contractual instructors were appointed in Upper Primary Schools in 2013 at a fixed honorarium of Rs. 7,000/month, later renewed year after year despite the fixed 11-month contract term. Although the state's Project Approval Board (PAB) approved raising the honorarium to Rs. 17,000/month for 2017-18, the executive authorities never actually paid this amount and instead paid lower or even reverted to the original Rs. 7,000/month. The instructors (and, separately, the State) appealed a Allahabad High Court ruling that had granted the Rs. 17,000 rate only for the single year 2017-18.

Decision Breakdown

The Supreme Court held that once the PAB, the sole competent authority under the scheme, approved the Rs. 17,000/month honorarium for 2017-18, no other authority could lawfully reduce or withhold it, and paying only Rs. 7,000/month amounted to "begar" (forced labour) violating Article 23 of the Constitution. It found that instructors continuing for over a decade under repeatedly renewed contracts were, in substance, no longer "contractual" and were entitled to periodic revision of honorarium (at least once every three years). The Court rejected the State's argument that non-release of the Central Government's 60% funding share excused non-payment, applying the "pay and recover" principle. The State must pay instructors first and separately recover the Centre's contribution. It directed payment of Rs. 17,000/month with effect from 2017-18, actual payment to start from 01.04.2026, with arrears cleared within six months.

Lesson Learnt

Once a competent statutory authority formally approves a wage or honorarium increase, government departments cannot unilaterally scale it back or withhold it citing internal funding disputes between the Centre and State: the employee's entitlement is not held hostage to inter-governmental fund-sharing disagreements.

U.P. Junior High School Council Instructor Welfare Association v. The State of Uttar Pradesh & Ors. – Legal Case Shots | LegalAware