Classroom to courtroom: Surge in service matter cases

Analysis of the petitions filed by teachers of higher educational institutions (HEIs) of Chandigarh and Punjab in tribunals and courts shows that at every stage of their careers they have to knock at the doors of the judiciary for the redressal of their grievances related to service matters.

- { GUEST COLUMN } Avanindra Chopra

Looking at these cases, it is also obvious that this arduous route is pursued by a few, while many suffer in quiet agony as litigation is time-consuming, complex, and expensive, and additionally, may result in harassment and victimisation.

In this context, the April 2025 directive for the efficient and effective management of litigation by the Government of India, extensively covered in the columns of HT last week, that aims to reduce unnecessary litigation and promote responsible governance, ensuring public welfare and timely dispensation of justice, should act as a guiding light to the authorities. The directive seeks to identify and address systemic issues, such as closing the gaps in the legislative framework or correcting any infirmities in executive action.

Teachers feel that in their case litigation often emerges because mandatory regulation framed by the apex statutory bodies like the UGC/AICTE, that are in the nature of subordinate legislation passed by Parliament, are often ignored by the authorities, and decisions that should be in the domain of the executive are left to the courts to adjudicate upon.

Problems of temporary teachers

Initially, most teachers in various HEIs are appointed on an ad-hoc or temporary basis, with most not even being given an appointment letter, lest they seek legitimate relief later. They are relieved before vacations and reengaged afterward to deny them vacation salary. Most endure painful working conditions, with the hope that they are recalled after the vacation. To those who have sought judicial intervention, the courts have granted continuity and service benefits. In response, the authorities have devised a system of contractual appointments across HEIs, which comes with still more exploitative terms, such as fixed tenures, crushing workloads, meagre salaries, denial of vacation and maternity benefits, and even undertakings not to approach courts.